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HomeMy WebLinkAbout2008-01-15-6:00PM-REGULARBRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 15 JANUARY 2008 AT 6:00 P.M. IN ROOM 102 OF THE BRAZOS CENTER, 3232 BRIARCREST DRIVE, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance Commissioner Cauley. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 - 38: 3. Budget Amendment 07/08-13.1 thru 07/08-13.3. 4. Personnel Change of Status. 5. Payment of Claims. 6. Authorization of a $100,000 economic development grant to Fibertown, as per the economic development incentive agreement with the Research Valley Partnership. 7. Approval of Financial Reporting Compliance with GASB45. 8. Revised Visiting Judge Reimbursement Policy. 9. Reimbursement from the JP Technology Fund to the Justice of the Peace, Pct. 2.2 conference and seminar account (#61110000) for the registration fee to the Courts & Local Government Technology Conference for 4 employees of that office @ $150 each; total requested: $600. Office of the County Judge . 300 East 26"St. . Suite 114 . Bryan, Texas 77803 . Fax: (979) 361-4503 Commissioners Court Agenda 15 January 2008 Page 2 10. Request from the Justice of the Peace, Pct. 2.2 for permission to use funds from the JP Technology Fund for the following expenses associated with attendance to the Courts & Local Government Technology Conference; total requested $1787.56: a. Lodging, meals and travel for two employees @ $492.53 each b. Lodging and meals only for two employees @ $401.25 each. 11. Appointment of Seth Hudson as a non-paid deputy in the Precinct 1 Constable's Office. 12. Appointment of Miguel Contreras as a non-paid deputy in the Precinct 4 Constable's Office. 13. Out of state travel request for the Emergency Management Office staff to attend the National Hurricane Conference in Orlando, FL. Dates of travel are 31 March through 4 April 2008. 14. Out of state travel request for Linda LaSut with the MPO to attend a national MPO peer workshop in Orlando, FL on "Addressing Security Planning for Natural and Man-made Disasters." Dates of travel are 30-31 January 2008. 15. Treasurer's Report for the month of November 2007. 16. Tax Refund Applications for the following: a. Clyde H. Crockett, II e. TLS Properties, LTD b. Sandra B. Jacobson f. Texas A&M University System c. Donna Lynne Pounds (The System Real Estate Office) d. W. O. Mills 17. Request from the District Clerk for designation as the authorized official of the Brazos County Commissioners Court with regards to the quarterly request for county reimbursement of juror payments. 18. Capital Requisition #00017435 in the amount of $75,520.00 to Planet Ford for the budgeted purchase of four (4) pickup trucks for the Road & Bridge Department. 19. Permission to advertise RFP 2008-022, Electronic Timeclock and/or Electronic Timesheet. 20. Permission to advertise RFP 2008-023, Internet Provider. 21. Permission to apply for an increased credit card limit for Jail Administrator, Wayne Dicky. 22. Permission to award Bid 2008-012, Concrete, to Transit Mix. 23. Permission to award Bid 2008-019, Cleaning and Sealing Joints and Cracks, as follows: Primary Vendor Scodeller Construction, Inc. Secondary Vendor SCR Construction Commissioners Court Agenda 15 January 2008 Page 3 24. Permission to award Bid 2008-014, Equipment Lubricants, to Universal Lubricants. 25. Permission to award Bid 2008-016, Fencing Supplies, as follows: a. Woodson's Lumber wire products, T-posts, concrete, and gates b. Conroe Wood products pressure treated posts c. Brazos Bottom Crop Care cedar posts 26. Permission to award Bid 2008-017, Fence Building, as follows: a. Primary Vendor Hurst Fencing b. Secondary Vendor Hurricane Fencing 27. Permission to award Bid 2008-021, Construction of New Two-Lane Bridges, to Wakefield Bridge. 28. Permission to not award Bid 2008-017, Motor Grader Blades, because of an incorrect contract period, and to re-advertise under new Bid 2008-024, Motor Grader Blades. 29. Blanket Maintenance Agreement with Ikon for copier maintenance; contract term is 10/01/2007 through 09/30/2008. 30. Permission to enter private property belonging to the Bonifazi Estate (Albert Bonifazi, Executor) located off Jack Creek Road for the purpose of constructing a 300 ft. fence to accommodate a bridge structure replacement project for the health, safety and welfare of the general public. Site is located in Precinct 2. 31. Bryan Texas Utilities' cost estimate of $3,339.84 to relocate an overhead electrical line at the County's request on Mumford Road to accommodate the new bridge project. Site is located in Precinct 4. 32. Bryan Texas Utilities' cost estimate of $1,048.06 to relocate an overhead electrical line at the County's request on Grassbur Road to accommodate the bridge replacement project. Site is located in Precinct 2. 33. Final Plat of A&M Super Storage at Wellborn, lot one, block one, 2.30 acres out of a called 22.418 acre tract (volume 7633, page 239), Andrew McMahon survey, A-167, (College Station ETJ) Brazos County, Texas. Site is located in Precinct 2. 34. Final Plat of the Peach Crossing, Phase Two, 29.56 acres, described as Tract 16, S. D. Smith survey, Abstract No. 210, Brazos County, Texas. Site is located in Precinct 1. 35. Payment authorization in the amount of $20.00 to St. Joseph Health System for a second opinion that was required for FMLA certification. 36. Payment authorization in the amount of $575.00 to The Insite Group for advertising. The invoice was received after the P.O. was closed. Commissioners Court Agenda 15 January 2008 Page 4 37. Notice of Intent for storm water discharges from small municipal separate storm sewer systems (MS4) under the TPDES Phase II MS4 General Permit (TXR040000). 38. Discussion and possible action regarding the length of time the County wants to extend payment of the jail bond issue. 39. Discussion of issues to submit to the Chamber Legislative Committee for their trip to Washington, D.C. 40. Announcement of interest items and possible future agenda topics. 41. Call for citizen input and/or concerns. 42. Agency / Board / Committee reports by Court members. 43. Adjourn The Brazos Center is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrange nts, call (979) 361-4102. COMMISSIONERS' COURT REGULAR MEETING JANUARY 15, 2008 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos Center 3232 Briarcrest Drive, in Bryan, Brazos County, Texas, beginning at 6:00 p.m. on Tuesday, January 15, 2008 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The meeting was moved to Assembly Room 3 for handicap access for Commissioner Cauley. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Cauley gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment #07/08-13.1 through 13.3, which would reallocate funds for the Sheriff Administration, 272nd District Court, and Hotel Occupancy Tax Fund. On motion by Commissioner Cauley, seconded by Vol l95 Page 6 Commissioners Court meeting January 15, 2008 2 Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the change of status as submitted. Eric Caldwell, Director of the Information Technology Department noted that the hire date for Bronius Motekaitis was January 31, 2008 rather than January 21, 2008 as indicated on the personnel action form. Commissioner Peters moved to amend the motion to reflect the correction. Commissioner Mallard seconded the motion and it carried unanimously. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7045404 through 7045676 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of an Economic Development Grant in the amount of $100,000 to Fibertown as per the economic development incentive agreement Vol 105 Page Commissioners Court meeting January 15, 2008 3 with the Research Valley Partnership. Todd McDaniel with the Research Valley Partnership recognized the Fibertown representatives. Bob Malaise also with the Research Valley Partnership reviewed the terms of the agreement for the Court. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the Economic Development Grant in the amount of $100,000 to Fibertown. A copy of the economic agreement is attached. The Court next considered approval of Financial Reporting Compliance with GASB45. This is for record keeping. There are no plan changes, nor funding at this time. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the Financial Reporting Compliance with GASB45. The Court next considered a revision to the Brazos County, Texas Policy and Procedures Manual. The section revised concerns reimbursement of visiting judges. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the revision. A copy is attached. The next matter before the Court was consideration of a request from Justice of the Peace, Precinct 2, Place 2 for reimbursement of the conference and seminar fee account from the Justice of the Peace Technology Fund. Judge Munoz will be Vol 105 Page Commissioners Court meeting January 15, 2008 4 attending a conference based on continuing education and training for the Justice of the Peace courts in the area of technology. On motion by the County Judge, seconded by Commissioners Peters, the Court voted unanimously to appr ove payment of conference fees for two employees only. The next matter for consideration by the Court was a request submitted by Justice of the Peace, Precinct 2, Place 2, Tommy Munoz seeking approval for reimbursement from the JP Technology Fund for the following; A) Two (2) employees at $492.53 each B) Two (2) employees at $401.25 each for travel to Austin to attend the Courts and Local Government Technology Conference January 29-31, 2008. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to grant only the request for two people at a total cost of $492.53. The Court next considered a request from Constable Precinct 1, Archie Clark, to appoint Seth Hudson, as non-paid Deputy Constable. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the request from Constable Clark to appoint Seth Hudson as non-paid Deputy Constable subject to appointment being within the allotted number of deputies. Vol [05 Page 9 Commissioners Court meeting January 15, 2008 5 The Court next considered a request from Constable Precinct 4, Isaac Butler, to appoint Miguel Contreras, as non- paid Deputy Constable. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request from Constable Butler to appoint Miguel Contreras as non-paid Deputy Constable subject to appointment being within the allotted number of deputies. The next matter for consideration by the Court was a request submitted by the Chuck Frazier, Emergency Management Coordinator, seeking approval for out of state travel for him and his assistant to travel to Orlando, Florida to attend the National Hurricane Conference March 31St through April 4th. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to grant the request from the Emergency Management Coordinator and approved payment of out of state travel expenses for Mr. Chuck Frazier and Ms. Michele Meade. The next matter for consideration by the Court was a request submitted by the Metropolitan Planning Organization seeking approval for out of state travel for Linda LaSut to travel to Orlando, Florida January 30th and 31st to attend a peer workshop "Addressing Security Planning for Natural and Manmade Disasters." On motion by Commissioner Mallard, Vol (b r-. Page 9 Commissioners Court meeting January 15, 2008 6 seconded by Commissioner Wassermann, the Court voted unanimously to grant the request from the Metropolitan Planning Organization and approved payment of out of state travel expense for Ms. Linda LaSut. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for November 2007. A copy is attached to and made a part of these minutes. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a) Clyde H. Crockett II, over payment $19.10 b) Sandra B. Jacobson, over payment $435.08 c) Donna Lynne Pounds, over payment $108.90 d) W. 0. Mills, payment in error $1,400.98 e) TLS Properties, LTD, over payment $6.72 f) Texas A&M University System (The System Real Estate Office) over payment $16.26 On motion by Commissioner Peters, seconded by the County Judge, the Court voted unanimously to approve the tax refund applications. The Court next considered a request from the District Clerk to be designated as the authorized official of the Commissioners Court of Brazos County relating to the quarterly request for county reimbursement of juror payments. Marc Hamlin, District Clerk, addressed the Court. Reimbursement Vol 16 5 Page JD Commissioners Court meeting January 15, 2008 7 payments have been rejected because the County Auditor, not the District Clerk, is listed as the authorized official. On motion by Commissioner Peters, seconded by the County Judge, the Court voted unanimously to approve the request. The next matter before the Court was consideration of requisition no. 00017435 to Planet Ford 6 in the amount of $75,520.00 for the purchase of four (4) 2008 F250 Ford Pickup Trucks for the Road & Bridge Department. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the requisition. The next matter for consideration was approval for the Purchasing Agent to advertise for Proposal Number 2008-022, Electronic Time Clock and/or Electronic Timesheet for the Information Technology Department. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to authorize the Purchasing Agent to advertise for proposals for an Electronic Time Clock and/or Electronic Timesheet. The next matter for consideration was approval for the Purchasing Agent to advertise for Proposal Number 2008-023, Internet Provider for the Information Technology Department. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to authorize the Purchasing Agent Vol /65 Page / 1 Commissioners Court meeting January 15, 2008 8 to advertise for proposals for an Internet Provider. The Court next considered a request from the Purchasing Department for approval to apply for an increased credit limit from $1,000 to $5,000 for the Jail Administrator, Wayne Dicky. The increase would be to cover any costs associated with the sequestering of juries. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The Court next considered awarding Bid No. 2008-012, Concrete. Charles Wendt, Assistant Purchasing Agent, recommended acceptance of the bid submitted by Transit Mix. Commissioner Mallard asked if we could use this vendor on our parking lot project. The Purchasing Agent responded that we were not handling that. Jim Mann, Chief Deputy said it may not be the same design mix. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and award the contract to Transit Mix. A copy of the bid tabulation is attached. The Court next considered awarding Bid No. 2008-019, Cleaning and Sealing Joints and Cracks. Charles Wendt, Assistant Purchasing Agent, made the following recommendations: Primary Vendor-Scodeller Construction, Inc. Vol 16 5 Page l a. Commissioners Court meeting January 15, 2008 9 Secondary Vendor-SCR Construction On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and award the contract as noted above. A copy of the bid tabulation is attached. The Court next considered awarding Bid No. 2008-014, Equipment Lubricants. Charles Wendt, Assistant Purchasing Agent, recommended acceptance of the bid submitted by Universal Lubricants. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and award the contract to Universal Lubricants. A copy of the bid tabulation is attached. The Court next considered awarding Bid No. 2008-016, Fencing Supplies. Charles Wendt, Assistant Purchasing Agent, made the following recommendations: Woodson Lumber-Wire Products T-Post Concrete Gates Conroe Wood Products-Pressure Treated Posts Brazos Bottom Crop Care-Cedar Posts On motion by Commissioner Peters, seconded by Commissioner Vol l0 5 Page 1.3 Commissioners Court meeting January 15, 2008 10 Cauley, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and award the contract to as noted above. A copy of the bid tabulation is attached. The Court next considered awarding Bid No. 2008-017, Fence Building. Charles Wendt, Assistant Purchasing Agent, made the following recommendations: Primary Vendor-Hurst Fencing Secondary Vendor-Hurricane Fencing On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and award the contract as noted above. A copy of the bid tabulation is attached. The Court next considered awarding Bid No. 2008-021, Construct of New Two Lane Bridges. Charles Wendt, Assistant Purchasing Agent, recommended acceptance of the bid submitted by Wakefield Bridge. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to accept the recommendation of the Assistant Purchasing'Agent and award the contract to Wakefield Bridge. A copy of the bid tabulation is attached. The Court next considered awarding Bid No. 2008-018, Motor Vol 165 Page 14 Commissioners Court meeting January 15, 2008 11 Grader Blades. Charles Wendt, Assistant Purchasing Agent, recommended rejection of Bid No. 2008-018 because the stated contract period was incorrect. This was corrected under bid 2008-024 and he requested permission to advertise this under bid 2008-024. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Purchasing Agent to reject Bid No. 2008- 018 and re-bid it under Bid 2008-024. The next matter before the Court was consideration of approval and execution of a Maintenance Agreement with IKON for copier maintenance. The annual cost of the agreement is $5,550.00 for 300,000 copies. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Maintenance Agreement with IKON and authorized the County Judge to execute the documents. A copy is attached. The Court next considered authorizing work outside of county rights-of-way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of the Bonifazi Estate (Albert Bonifazi Executor) on Jack Creek Road in Precinct 2 to construct a 300 foot fence to accommodate a bridge structure replacement project. On motion by Commissioner Peters, seconded Vol j65 Page i5 Commissioners Court meeting January 15, 2008 12 by Commissioner Wassermann, the Court voted unanimously to authorize the work. The Court next considered acceptance of the Bryan Texas Utilities cost estimate of $3,339.84 for relocation of an electrical line on Mumford Road in Precinct 4 to accommodate the new bridge replacement project. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to accept Bryan Texas Utilities' cost estimate of $3,339.84 for relocation of an electrical line Mumford Road. The Court next considered acceptance of the Bryan Texas Utilities cost estimate of $1,048.06 for relocation of an electrical line on Grassbur Road in Precinct 2 to accommodate the new bridge replacement project. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to accept Bryan Texas Utilities' cost estimate of $1,048.06 for relocation of an electrical line Mumford Road. The Court next considered approval of the Final Plat of A&M Super Storage at Wellborn, Lot One, Block One, 2.30 Acres out of a Called 22.418 Acre Tract. The site is in Precinct 1. The County Engineer, stated that he had reviewed the plat and all appeared to be in order. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the final plat of A&M Super Storage at Vol / 65 Page r to Commissioners Court meeting January 15, 2008 13 Wellborn, Lot One, Block One, 2.30 Acres out of a Called 22.418 Acre Tract as submitted. The Court next considered approval of the Final Plat of Peach Crossing Phase Two, 29.56 Acres, described as Tract 16 in Precinct 1. Richard Vance, County Engineer, stated that he had reviewed the plat and offered the following comment: 1) Add Certificate with appropriate acknowledgement for County Judge's signature. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the final plat of Peach Crossing Phase Two, 29.56 Acres, described as Tract 16 as subject to the developer complying with the exception noted by the County Engineer. The next matter before the Court was consideration of a payment authorization in the amount of $20.00 to St. Joseph Health System. No purchase order was issued. On motion by Commissioner Peters, seconded by the County Judge, the Court voted unanimously to approve the payment authorization. The Court next considered a payment authorization to The Insite Group for $575.00. The purchase order was closed prior to receiving the billing. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the payment authorization. The next matter before the Court was consideration of a Vol 165 Page 17 Commissioners Court meeting January 15, 2008 14 Notice of Intent (NOI) for storm water discharges from small municipal separate storm sewer systems (MS4) under the TPDES Phase II MS4 General Permit. Gary Arnold reviewed this for the Court. The State is passing this down to larger counties to manage storm water. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the NOI. A copy is attached. The Court next held a discussion concerning the length of time the County wants to extend payment of the jail bond issue. The County Judge said that in looking at the amortization schedule, the county could save about $15 million paying out the issue in twenty years rather than thirty. Commissioner Peters stated that the jail could be full in twenty years. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to pay the issue off in twenty years. The next matter before the Court was consideration of issues to submit to the Chamber Legislative Committee for their trip to Washington, D.C. Some of the issues were storm water, GBB, and Social Security. There were no announcements of interest items and possible future agenda topics. There was no citizen input and/or concerns. Vol 165 Page I S Commissioners Court meeting January 15, 2008 15 Under Agency/Board/Committee reports by Court members, the following spoke: County Judge a) The EOC is coming along. It will be a very good, functional space. There being no further business to come before the Court, the meeting was adjourned. Vol 165 Page l Cl The foregoing minutes of the Commissioners Court meeting held January 15, 2008 have been examined and are approved in open Court this the day of 2008, in Bryan, Randy Si County Duane Peters Commissioner, Precinct 2 7- Carey Caul y, Jr. Commissioner, Precinct 4 Attest: C Karen McQueen County Clerk Lloyd assermann Commissioner, Precinct 1 Kenny Mal d Commissioner, Precin t 3 Vol 1 D Page o2 a Brazos County,_Texas. B RAZO S COUNTY COMMISSIONERS COURT f5 ~L DAY O 20 d K AT 6 Name C), -kiz, r C .ll'IGL~` r~`~~~ F ./PM Organization 5 't t I,L voL_L 5 PAGE -N /j a0C~L B RAZO S COUNTY COMMISSIONERS COURT b:?~- DAY OF , 20 OF AT AMT i) Name P(c Quot,,.2-c-6Q Organization S_ low BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2007-2008 BUDGET YEAR NO. 07/08-13.1 thru 07/08-13.3 On this the 15`h day of January 2008 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 15 January 2008 the Court heard and approved a budget amendment for the 2007-2008 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 11 September 2007, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 15th day of January 2008. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. 7 By: G' " Jam; ` sl' Randy S' s, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 13.1 1/15/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 28000100 51620000 CR Hourly -Overtime 320.00 0100 28000100 51730000 DR Cell Phone Allowance 320.00 Sheriff Administration To reallocate funds to provide funding for a cell phone allowance for an investigator. Prepared By: if) Date: 1/9/2008 Department Approval Date Y BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 -13.2 1/15/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 22100100 51300000 CR Sala - Staff 3,000.00 0100 22100100 61900000 DR Visiting Court Reporter 3,000.00 272nd District Court To reallocate budget to cover the cost of a vistin court reporter due to the absence of the current court re Oer of the offic . The curr nt court reporter has been out on medical leave. Prepared By: ifj Date: 1/10am f BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 -13.3 1/16/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 1100 1002500 110025001 61130000 611300001 - CR Contin enc 12,000.00 1100 110025001 721550001 1 DR Computer Consulting 12,000.00 Hotel Occupancy Tax Fund: To relallocate funds to provide monies for wesite redesign. Approved to be funded from 45% of Marketing funds by Hotel Committee on 1/11/07. Prepared By: ifj Date: 1/11/2008 Department Approval Date PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: January 15, 2008 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests H L; Department Submitting Employee Request Action Reques~-- Request(s) Applies To County Records Mgmt Fund Cordero, Joe Human Resources Transfer to Another Dept. Taylor, Barbara Terminated Information Technology Motekaitis, Bronius New Hire Ramasamy, Sudhakar Resignation Justice of the Peace Pct. 3 Ohland, Ashley Resignation Juvenile Services Olgesbee, Teresa New Hire Road and Bridge Hammond, Anthony New Hire Marion, Eric Promotion Sheriff's Office Ledsema, Ricardo Cell Phone Allowance Tax Office Treasurer's Office Martinez, Veronica New Hire Kornegay, Ashley Transfer within Dept. Approved in Commissioners Court: January 15,2008: , vit, County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) ~:ff- BRAZOSCOUNTY BRYAN, TEXAS Economic Development Grant for Fibertown The Brazos County Commissioners Court does hereby approve an Economic Development Grant of $100,000 to Fibertown as per the economic development incentive agreement with the Research Valley Partnership. Office of the County Judge • 300 East 26`h St. ii . Suite 114 . Q~Bryan, Texas 77803 . Fax: (979) 361-4503 APPROVED: JAN-9-2008 16:32 FROM:THE RESEARCH VALLEY 979-260-5252 T0:93614503 P.2%10 ECONOMIC DEVELOPMENT AGREEMENT This Economic Development Incentive Agreement ("Agreement") is made by and between the Research Valley Partnership, Inc. (the "RVP"), and, Astin Redevelopment, L.P., a Texas Corporation dba Fibertown, the Varisco Building Redevelopment Group, L.P., a Texas limited partnership, and the Wimberly Building Redevelopment Group, L.P., a Texas limited partnership (herein collectively referred to as the "Company"), acting by and through their authorized officers. WITNESSETH: WHEREAS, the Company owns land and existing improvements located at 110 N. Main Street and 219 N. Main Street, Bryan, Texas 77802 and being known as the Wimberly and Varisco buildings, respectively and certain high technology fiber and infrastructure in and to those improvements (hereinafter collectively defined as the "Property"); and WHEREAS, the Company operates the Property as a Tier IV Data Center as a result of the infrastructure invested therein; and WHEREAS, the infrastructure of the Property allows for highly computerized dependent businesses to locate their operations to the Property; and WHEREAS, this uniquely computerized Property is attractive to business locating to the area as well as providing an ideal location for new technology ventures in the Research Valley; and WHEREAS, Company will market the Property so as to attract technology companies to the Research Valley; and WHEREAS, the RVP has determined that making economic development grants in accordance with this Agreement will further the objectives of the RVP and its fimding partners; now, therefore, IN CONSIDERATION OF the foregoing, and on the terms and conditions hereinafter set forth, the parties agree as follows: ARTICLE I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: "RVP" shall mean the Research Valley Partnership, Inc. JAN-9-2008 16:38 FROM:THE RESEARCH VALLEY 979-260-5252 TC:9361450? P.3f10 "Company" shall mean Astin Redevelopment. L.P., a Texas limited partnership dba Fibertown, Varisco Building Redevelopment Group, L.P., a Texas limited partnership, and the Wimberly Building Redevelopment Group, L.P., a Texas limited partnership. "Personal Property" shall mean equipment, furniture and fixtures located at the Property after the date of this Agreement. "Property" is defined as 110 N. Main Street, Bryan, Texas 77803, and being Lot 1.1 (1N Half of 1-4), Block 257, City of Bryan, Brazos County, Texas, and 219 N. Main Street, Bryan, Texas 77803 and being Lot 5, Block 103, City of Bryan, Brazos County, Texas and the high tech fiber and infrastructure in and to the improvements. "Economic Development Grants" means grants in the sum of $ 100,000.00 each from the RVP payable annually for three (3) years, during the term of this Agreement, as long as Company meets the requirements in. Article III hereof. "Employment Positions" shall mean new full-time positions of Tenants} which are currently located in the Research Valley or existing full time positions of Tenants who are relocating from a site outside the Research Valley. "Required Use" shall mean the lease of the Property to Tenant(s), and the establishment and maintenance of the Property as a Tier IV Data Center. "Event of Bankruptcy or Insolvency" shall mean the dissolution or termination of the Company's existence as a going business, insolvency, appointment of receiver for any part of such party's property and such appointment is not terminated within ninety (90) days after silch appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by ar against such party and such proceeding is not dismissed within ninety (90) days after the filing thereof. "Force Majeure" shall mean any contingency or cause beyond the reasonable control of a party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, government or de facto governmental action (unless caused by the intentionally wrongful acts or omissions of the party), fires, explosions or floods. "Foreclosure" shall mean the execution by a creditor on a lien, whether voluntary or involuntary, resulting in the loss of title to the Property by the Company. "Research Valley" means that area co-extensive with Brazos County, Texas. "Tenant(s)" shall mean those persons or entities which qualify for economic incentives commensurate with the RVP's economic development guidelines having a written lease with the Company for the occupation of the Property for a tern not less than three (3) years and which produce products or services seventy percent (70%) of which are exported to regional, state, national or international markets resulting in economic benefits to the Research Valley. -2- `t JAN-9-2008 16:39 FROM:THE RESEARCH VALLEY 979-260-5252 TO:93614503 P.4/10 ARTICLE It Tenn The term of this Agreement shall begin on the date of execution hereof and continue for five (5) years, unless sooner terminated as provided herein. ARTICLE III Conditions for Payment of Economic Development Grants The RVP agrees to provide Economic Development Grants in an amount not to exceed $100,000.00 per year for three (3) years. The first payment will be made thirty ~30) days after the execution of this Contract. The second payment will be made on February 28 of 2009 and the third on February 28`s of 2010. All three payments are contingent upon the satisfaction of the contingencies stated below, based on substantial compliance as determined by the RVP in a reasonable and non-arbitrary manner. Failure to satisfy the third year of contingencies will result in the Company being obligated to repay the initial grant of $100,000.00 as stated above. The grants herein set forth are conditioned upon the Company's compliance and satisfaction of each of the following conditions: 1) The Company shall, no later than December 31" of each of year of the Term, provide the RVP with written lease(s) for all qualifying Tenants of the Property. Additionally, Company shall present invoices, receipts, tax renditions and other written documentation evidencing the value of the Personal Property installed on the Property or improvements to the Property that shall be considered fixtures by the Tenants and/or the Company for the immediately preceding 12 month period. Such newly installed personal property and fixtures or improvements to the Property must have a combined total value of $2,000,000,00 in excess of the value of the personal property on the Property or improvements to the Property as set forth on the Brazos County Appraisal District tax records for January 1, 2008 and for every January thereafter for three (3) years for a total investment of $6,000,000.00. The investment of $6,000,000.00 in Personal Property and fixtures must be maintained for the Term of this Agreement. Notwithstanding the foregoing, should the investment in fixtures and personal property and improvements to the Property as stated herein exceed the amount required hereunder in any one year, such excess investment shall be allocated to the investment requirements for the succeeding years. 2) Tenants of the Property shall have a combined payroll (i) in year one (1) of $1,250,000.00 (exclusive of benefits) based upon the employment of 25 Employment Positions, (ii) in year two (2) a payroll of an additional $1,250,000.00 (exclusive of benefits), based upon the addition of twenty-rive (25) Employment Positions and (iii) in year three (3) a payroll of an additional $2,500,000.00 (exclusive of benefits) based upon the addition of fifty (50) Employment Positions. Such payroll shall be maintained at the year three (3) level for the duration of the Agreement Term. Satisfaction of this payroll requirement shall be demonstrated no later than January 31st of each year of this Agreement. Beginning on January 31, 2009, the Company shall submit to the RVP, Texas Workforce Commission quarterly reports of its Tenants for the preceding year, represented as to their accuracy by the Chief Financial Officer of -3- X05,, ~1_ JAN-9-2008 16:40 FROM:THE RESEARCH VALLEY 979-260-5252 TO:936'4503 P.5/10 each Tenant, and such other information as may be reasonably requested by the RVP to document the creation or maintenance of new payroll for Employment Positions at the Property. Notwithstanding the foregoing, should the additional payroll as stated herein exceed the amount required hereunder in any one year, such excess payroll shall be allocated to the payroll requirements for the succeeding years. Economic Development Grant(s) are not subject to adjustments for partial compliance with the requirements stated herein. However, whether the performance achieved by the Company hereunder is in substantial compliance with this Agreement is a matter to be decided in the RVP's sole discretion, which it agrees to exercise in a reasonable and non-arbitrary manner. Grants for which the Company has qualified in any one year are subject to repayment as set forth in article V hereof. 3) Company shall provide to the RVP 1,000 sq. ft. of "plug and play" space in the Varisco Building for sublease to Research Valley Innovation Center clients at a rate of $2.50 per square foot per month with all expenses of the lease paid by the Company. Company shall provide and pay for tenant finish-out to the space in a manner conducive to incubation/acceleration clients in information technology ventures. The lease for such space is attached hereto as Exhibit "A" and made a part hereof for all purposes. 4) During the term of this Agreement, the Company shall continuously own and lease the Property to Tenants only for the Required Use. In addition, the Company shall not allow the operation of the Property in conformance with the Required Use to cease for more than thirty (30) days except in connection with and to the extent of an event of a Force Majeure. 5) The Company and all of its Tenants have paid all ad valorem taxes due and owing to the Brazos County Tax Assessor, 6) The Company shall not have an uncured breach or default of this Agreement. ARTICLE IV Monitoring and Payment The RVP shall monitor the performance of Company to insure it is in compliance with its obligations per this Agreement. ARTICLE V Termination This Agreement shall terminate upon any one of the following: (a) by written agreement of all of the parties. (b) the expiration date. -4- JAN-9-200e 16:41 FROM:THE RESEARCH VALLEY 979-260-5252 TO:93614503 P.6/10 (c) by either party in the event the other party breaches any of the terms or conditions of this Agreement and such breach is not cured within thirty (30) days after written notice thereof. (d) by the RVP, if Company suffers an event of bankruptcy or insolvency. (e) By the RVP, if any subsequent federal or state legislation or any decision of a court of competent jurisdiction declares or renders this Agreement invalid, illegal or unenforceable. (f) By the RVP, if any impositions (for example, but not limited to, fees, taxes, charges) owed to the City of Bryan, Brazos County or the State of Texas by the Company shall become delinquent, provided the Company retains the right to timely and properly contest any such impositions. (g) By the RVP, if the Property is foreclosed upon. In the event the Agreement is terminated, the RVP shall stop payment of future Economic Development Grant payments. If terminated pursuant to (c), (d), (e), (t) or (g), the Company shall immediately refund to the RVP all payments made under this agreement. ARTICLE VI Release Company releases, relinquishes and discharges the RVP, its officers, agents and employees, from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of, any person (whether they be any of the parties hereto, their employees or other third parties) and any loss of or damage to property (whether property of any of the parties hereto, their employees, or of third parties) or the Company's failure to abide by all applicable environmental laws, rules and regulations that is caused by or alleged to be caused by the Company, arising out of, or in connection with this development agreement. Furthermore, the indemnity provided for in this paragraph shall have no application to any claim, loss, damage, cause of action, suit, and liability where the injury, death, or damage results from the sole negligence of the RVP or where the RVP's, percentage of fault Is deemed to be equal to or greater than fifty percent (50%) of the fault. ARTICLE Vtf Assignment This Agreement may not be assigned by the Company. Additionally, a change in ownership, in a single transaction, of fifty plus one percent of the limited partnership interests or change in the General Partner of any of the partnerships defined herein as the Company shall be considered an assignment for purposes of this paragraph. An assignment as prohibited above shall cause this Agreement to terminate immediately and the grants as provided for herein shall cease. Such -5- 05 ~=3 JAN-9-2008 16:41 FROM:THE RESEARCH VALLEY 979-260-5252 T0:93614503 F.7%1V assignment shall, however, not be considered a default of the Agreement so as to require the recapture of any grants heretofore granted. ARTICLE VIII Invalidity If any provision of this Agreement shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. ARTICLE IX Written Notice All notices required by this Agreement (i) shall be in writing, (ii) shall be addressed to the parties as set forth below unless notified in writing of a change in address, and (iii) shall be deemed to have been delivered either when personally delivered or, if sent by mail, in which event it shall be sent by registered or certified mail, return receipt requested, three (3) business days after mailing. The addresses of the parties are as follows: To COMPANY: Astin Redevelopment, L.P., a Texas limited partnership on behalf of all dba Fibertown three partnerships 120 N. Main St Bryan, Texas 77803 Attn: John W. Clanton To RVP: Research Valley Partnership, Inc. 1500 Research Parkway, Suite 270 College Station, X 77845 Attn: Todd McDaniel, CEO & President ARTICLE X Entire Agreement It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings, written or oral, between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent or -6- lay ~ ' JAN-9-2008 16:42 FROM:THE RESEARCH VALLEY 979-260-5252 TO:936!4503 P.8.10 employee of the RVP, either before or after the execution of this Agreement, shall affect or modify any of the terms or obligations hereunder. ARTICLE XI Amendment No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of the RVP and the Company. ARTICLE XII Texas. Law This Agreement has been made under and shall be governed by the laws of the State of Texas. ARTICLE X111 Place of Performance Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. ARTICLE XIV Authority to Enter Contract Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. ARTICLE XV Waiver Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof, or the right of the party thereafter to enforce each and every provision hereof: No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. ARTICLE XVI Counterparts 'this Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. ARTICLE- XVII -7- /o57 35. JAN-9-2009 16:43 FROM:THE RESEARCH VALLEY 979-260-5252 T0:93614503 P.9/10 Survival of Covenants Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination. of this Agreement shall survive termination. Executed on this day of 200e VI/ a THE RESEARCH VAT LEY PARTNERSHIP, INC., a Texas nonprofilcorporation BY: of the Board ASI"IN REDEVELOPMENT, L.P., a Texas tirnited partnership dba FIBERTOWN By: Astin Redevelopment Group, L.L.C., a Texas limited liability company, its General Partner By: ~ ('0 Printe amc: _ k.6t „~4.Grr Title: VAMe- B I,D REDEVELOPMENT GROUP, L.P., a Texas limited partnership By: Varisco Building Redevelopment Limited, L.L.C., a Texas limited liability company, its General Partner By: L r ~ I Prin d Name: ~t, Title: w--!L4S : K. s~►'~,,,,~r' _ WIMBERLY BUILDING REDEVELOPMENT GROUP, L.P., a Texas limited partnership -g_ jo~ JAN-9-2008 16:43 FROM:THE RESEARCH VALLEY 979-260-5252 TO:93614503 P.101-1.0 By: Wimberly Building Redevelopment Limited, L.L.C., a Texas limited liability company, its General Partner By: , 11 Printe ame: ( 4 Title: -9- N O 0 00 W c a cn CD X .D W c n. Co CD X N M x (D C1 C CD Cn .69 w ~j CJ1 V O O O O Efl Efl O co O Cfl O cc O O p. a (D O =3 3° 3 M V5 • o c o 3 CD co 0M O c O 3 3 N 2 G) ~ N O oD o ~ m 3 rn W c N 0 C. IV (D V O r* O O N O C O tO CD rr 00 O A L QO v cQ M 3 CD n 7 N CD O C D 0 CD C1 co N O O V O O N O O O n O 3 c c O T1 O CA M N O X O N W Sv 0. N n O M 5 CR 0 C n v co Cp c 7 CA CD CD Cn -0 M w 3 Is. cD x CD al N N O W O "O O O N O O co TF BRAZOS COUNTY, TEXAS POLICY AND PROCEDURES MANUAL REIMBURSEMENT - VISITING JUDGES Pohey Number 44J 101 Date: January 6, 1998 Amended: May 18, 2004 Amended: January 15, 2008 Authorized By: Commissioners' Court PURPOSE This policy establishes the authority of the Commissioners' Court to use County funds in payment of expenditures properly budgeted and accounted for, as reimbursement of expenses incurred by visiting Judges in the District and County Courts. The following procedures standardize the method used to requisition for payment of these expenditures. The following policy and procedures were adopted by the Brazos County Commissioners' Court on this the 6th day of January 1998 and subsequently amended on May 18th, 2004 and January 15, 2008. This policy replaces and supersedes any previous County policy regarding visiting Judge expenditures. GENERAL In accordance with Chapter 74 Court Administration Act, Subchapter C, Administrative Judicial Regions, Section 74.061 Compensation While Assigned, from Vernon's Texas Government Code, Brazos County has enacted the following policies regarding the reimbursement of visiting Judges: 1. Any wages' payment will be based on two (2) factors: a. The status of the visiting Judge assigned to the Court. b. The capacity in which the visiting Judge is serving. Below is a list of possible substitutes and the rates at which they will be compensated. The compensation rates are to be calculated on a pro-rata basis for each day the visiting Judge is assigned to a Brazos County Court. The daily rates are to be calculated based on a 260 day year. Payments for half days are permitted if requested. COUNTY COURTS AT LAW ACTIVE COUNTY COURT AT LAW JUDGES Active County Court at Law Judges serving as substitutes in Brazos County Courts at Law will receive in compensation an amount equal to the difference between the compensation of the assigned Judge and the compensation from all sources of the Brazos County Court at Law Judge of t )e Co rt to which they PROVED are assigned, computed on a per day basis. The reimbursement form submitted by the visiting judge must include the amount of their compensation for calculation purposes. FORMER AND RETIRED COUNTY COURT AT LAW JUDGES Former and Retired County Court at Law Judges serving as substitutes in Brazos County Courts at Law will receive in compensation an amount equaling the annual salary from all sources excluding longevity, and cell phone allowance, of the Brazos County Court at Law Judge of the Court to which they are assigned, computed on a per day basis. FORMER, SENIOR AND ACTIVE DISTRICT JUDGES Former District Judges serving as substitutes in Brazos County Courts at Law will receive in compensation an amount equaling the annual salary from all sources excluding longevity and cell phone allowances, of the Brazos County Court at Law Judge of the Court to which they are assigned, computed on a per day basis. Senior- and Aetive Distr-iet itidges sen,ing as substitutes in Brazos GeupAy Geut4s a4 Law will not reeeive any eempensmien from Brazos Count),. Their- salavy is pfevided by the Sta4e, with State funds. DISTRICT COURTS ACTIVE DISTRICT JUDGES Active District Court Judges serving as substitutes in District Courts in Brazos County will receive in compensation an amount equaling the difference between their annual salary supplement and the regular salary supplement of the Brazos County Judge of the District Court to which they are assigned. Supplement figures will include salary for serving on the Juvenile Board but exclude longevity and cell phone allowance, and computation is on a per day basis. FORMER DISTRICT JUDGES Former District Court Judges serving as substitutes in District Courts in Brazos County will receive in compensation an amount equaling the regular salary supplement of the Brazos County Judge of the District Court to which they are assigned. Supplement figures will include salary for serving on the Juvenile Board but exclude longevity and cell phone allowance, and computation is on a per day basis. SENIOR DISTRICT JUDGES Senior District Court Judges serving as substitutes in District Courts in Brazos County will not receive any compensation from Brazos County. Their salary is provided by the State, with State funds. 105 ~ APPROVED MEALS, MILEAGE, AND LODGING Visiting Judges will receive reimbursement for actual mileage in going to and coming from the assignment at the current Brazos County rate per mile. Visiting Judges will be reimbursed for meals and lodging at the actual cost of said expenses, excluding expenses not permitted by the established Brazos County Travel Policy, while in the performance of duties under the assignment. The visiting judge may elect to be reimbursed at the prevailing per diem rate for meals instead of presenting paid receipts 1 APPROVED VISITING JUDGES 2007-2008 FISCAL YEAR NOTES AND CALCULATIONS Assignment The administrative judicial region controls assignment of judges to state District Courts and County Courts at Law. Brazos County resides in the 2"d Administrative Region. All visiting judge assignments for the County will flow through this Administrative Office. (LGC §74.056). At any time a specific court may request a specific judge from a list of assignable judges that is maintained by the Administrative Region. The 2nd Administrative Region presiding judge (this individualUsually „1,a*ges- eveFy September- t st) must approve the assignment. Compensation - County-Court-At -Law The compensation for the visiting judges is regulated under LGC §74.061. In 1998 the Commissioners' Court set the number of days for the pro-rata calculation at 260. The pro-rata rate per day of the current statutory county judge's salary is calculated as follows: Statutory Salary $ 133,311.00 Salary Supplement 1,200.00 Total $ 134,511.00 Number of Days 260 Pro-Rata Rate/Day S 517.35 If the visiting judge is an active county court at law judge, the judge is to be compensated at an amount equal to the difference between the compensation of the assigned judge and the compensation as calculated above for a pro rata rate of pay per day. If the visiting judge is a former or retired county court at law judge, the judge is to be compensated at an amount equal to the pro-rata rate per day as calculated above. If the visiting judge is a senior or active district judge, the judge is to be compensated at an amount equal to the pro-rata rate per day as calculated above. eounty is not r-equir-ed to pr-evide any 1.7 eempensa4ion. The entire afneunt of the judge's salafy is pr-evided by the state. in addition to the above eempensation the County would be responsible for- reimbursing the visking judge for any tfai,el, meals and !edging e?Epenses. The visifing judge may eleet to be r-eifnbufsed the r«ra presenting paid o ails g r„°" 'lie rate for- "'eats insteadof „ v.eaP+ ro• Compensation - District Court The compensation for visiting district judges is regulated under LGC §74.061. In 1998 the Commissioners' Court set the number of days for the pro-rata calculation at 260. The pro-rata rate per day of the current district court judge's salary is calculated as follows: County Salary Salary Supplement Total Number of Days $ 9,311.00 1,200.00 $ 10,511.00 260 Pro-Rata Rate/Day $ 40.43 Ltd, _104 4~- APPROVED The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Randy Sims, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this jS*N day of Gfl r L A.D. 2007 '=t ~?z b `GEC n karen McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this day of ~cr1,; r Duane Peters, Commissioner Precinct #2 f'-11 00j ~ Kenny Mallard, mmission Precinct #3 F Cary Cauley, Immissioner Pre nct Treasurer's Report for the MONTH of NOVEMBER 2007 b5 43 00, Lloyd Wa ermann, Commissioner Precinct #1 n V, .-I m M m r, 10 W W M W N M O 0 In 0 - 0 ti N V' M N t 01 Ot N M N V N 11 . 1D V1 co M m M N 0 W . . 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N 4 N N N N N M M I M V' V P V' l!1 10 O1 m V' O FA F C 7 U O A m l o5 q q INTEREST EARNED FISCAL YEAR 2008 Oct-07 Nov-07 Dec-07 FQ/E 12/31/2007 ]an-08 Feb-08 Mar-08 Q/E 03/31/2008 Apr-08 May-08 Jun-08 Q/E 06/30/2008 Jul-08 Aug-08 Sep-08 Q/E 09/30/2008 1YTD TOTALS TexPool Interest Interest Rate Checking Acct Interest Earnings Credit Rate $ $ ' $ 9,398.82 8,737.87 - 4.928% 4.714% $ $ $ 159,740.03 142,265.40 - 4.240% 4.250% $ 18,136.69 $ 302,005.43 $ 18,136.69 $ 302,005.43 ITOTAL INTEREST EARNED Fiscal Year 2008: $320,142.12 1 ATTACHMENT TO TREASURER'S REPORT 1~5 45 .a a w ~ o 0 S z x ~ A o ~ o f!9 bl4 6A 69 M N ~ ~K a z 0 a a A > ~ o 0 0 o z o QC1 W 00 ° O 6- 666 s o U N ~ ~ O ~ i 00 ~ O N N Q z H ~ ~ o ~ o Q ~ U oo ~ a b O ° ~ Q A ~ ° ° ° ° ~ ~ a V c + y , ? o o o o r ~ W U ~ , O A N ~ ~p N ~ O ~ a W b 9 6A~9 00rs, U6s M H a 6~~9 U A as H w a b ~ w o U U U ~ o ~ Q ~ a a a a a w o ~ E w ~ ~ ~ a o~ o R a w o a o • w z M M ~ C ~ F. 0 O > ~ ~ w a o a a. w ~ o Q ~ Q r y CC 6~ O a V H CO o° o O c O Cl) U `r) N ° o H o C) Z 4a N p r- Q Z W U di U LL. C O Z O O M M a 0o Y z r L- 0 C= U x 4-0 U) o a N w O p U a o (D J Q U Cl) ~ N i Z M = . _ Q ~ Cl) Q1 (D i.. LLI i C m Z m Rf c-a a 0 4) > J O o o a > m ' W Z V) cu p E a a N CD Z o V Z O _i ~ a W w U) Z U O Cl r- o (3 L CL W a z U c~i) Q > 4) o O ~ N U U LLI o ix O v C-) U N 11, 1 5 41 O f co J : _ Z ~i O N O M O ~ M o N y D E - M Lo ~ N ~ 613, X N N C 0 o O Lo D 69 O r--, ~ 7 Lo N N W E2 (D > C = O ~ ~09 O N ~ 3 N N N 0 CD > C O N ~ (A O ~ 0 U N N d Ch C D O O A O M c(pp b9 co ` O F 0 N C M ) o% 3. cu d > C o O D O to) O O l> ~ . 0 O X 6 T O LL O Cl) ° l) O N C m Vl C m (q m n F c m D a) J 00 . 6 Cl) O O ~ 3 i O p O N O O C N 3 O ° c) , = o 0 O 0 ~ CD O ~ ~ ~ (r ~ 3 m ° a ~ (n o C14 M I o m a0 ~ c~ ~ d9 o i Efl N O U IS) ~ O t'I' W C J 69 60). Q 69 fn s 2 ~ ~ .C M ~ GCl) 9 ~ T r N r O V _ 0 to 0 Ch Q O O C VJ O O C a Q E E N Q N E 0 Q E O E N V E Q = O = v a Z co mw C N p C'1 Q v m tJJ Q Q ~ 7 O O Q Ln Co y to V. 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Z J aI r JI L Z J a( r L) t it 2 W 2 a W R Z x a W F Z = L Z'-a0 LJ O ~ a o O -j a O . i a o O- i a ~ I- a ° 0 r O _j 3 R L U) J n~ ce < z ce Q F F a - Z Q Q ¢ z < _ zz ~ f ° ~ m ~ O Z o ° - Z) m ~ 0 O- z ) ~ - Q 0 0 ° zo ZD f m f- to F Z - O = Z = g li N M 1 .4 1n td ILe 105 T O H z J Q N W Z $ o r, Cn N 0 LO 00 N E2 j Z:) ~ ~ C V 3 Lc) 00 0) C71 E2 > C:) C 00 ~ 0 O LL (n Non = d N c O co N 69 N '41 9 a~ O CL 1 D c O O O O N b9 O m x U Z U Z U Z U Z U Z U Z o t to aJ'O J 2 ` l ca 0) LL L- D N C C N W m m oa m J o o 3 r- 0 r 3 0 O m ' - Y Y Y d LO ~ ~a L) ~ C) ~ o o N 't 0 MLO a~ , o Lo N N N N + ' 0 O ct CO U r- to M O 6 N = 0 0 L c to O U LO In Z Z 2 W b9 (N 61). w to 69 ~ b9 C M iA N co 00 00 00 yy Cn C V LL O Q) 0 "a WO E E N C C1 Q N CL Q Q V L 0 y LL o> c y d Q C fn y M m VJ _j W U) U 0 ca Q a G ° o go 0o to D_ 'y v Cf o a ~ ~ W J W w Q o FW- c a ld LLJ Q N c O N ~ Q J M (aj I- w w m p QW) 3 C 7 ic w 3 4 r ° ui } tiJ _J u m O ' 4 ° m o ¢ C7 ¢ C7 If ¢ m W ~ J Q Q m (IS Gs w V u5 OD a c o ~ W C3 Y W o ~ Ul - Q = 0 a 0 Q L v~ w LI L w Op F~--- = y N O N z o z Q Y Y - Z z a zCC D w 0 w CD < a m w = a c .a Q F- U F: ' ° F: ' ° - U F- ~ Q C7 t q Y J J N w z a w - - w , lj O w w U z o a > O O m Q z 0 p 1 W LL. M Qc 7 w wc n a - O - m M ` !II o J o _ f W ~ yC z Z U) z [ C ~C ~ A U m m Q N c O Q' Co C' d O W d W Q Q W ~ W = W W ~ W O Z W D W c ' O - O y _ 2 W v y y L Q m o U = W U M 0 J QL U U 1- UU J U Q H U _ W p U W a W 1 1 0 O F- C W y U - x ~ J d' ~.2 Q J n Q - m Z C Q o C m U F d - m z UC L d U - n 0 Ix j - c o W Z W - 0) 0) 7 0 J u ~ O 7 Q J d ~ q a_ z yy,~~ a ~ ~ Qi z < Q JO _ _ O ar Jp a-F r = W z w ~ a N p C >1 4 M ) w O u' LL co E 7 ~ O Z ~ > O Z ~ O Z ~ ~ O Z J O Z » 5 F 1 _ N W e, O F - m z F - F - c o = :D O z Cf Q to W N m U ~ = Q Q ~ w ~ O O L ~ o N e+f v vi m U- k k ►05 `t9 BID TABULATION 2008.016 - FENCING SUPPLIES - ANNUAL CONTRACT Januarv 15, 2008 thru Januarv 14 2009 PRODUCT Qty BRAZOS BOTTOM CROP CARE INC. *CONROEWOOD PRODUCTS AMERICAN TIMBER AND STEEL "WOODSONLUMBER 1 BARBED WIRE 100 rolls Unit Price: WB NIB WB $49.45 Stock 9: 121224KF Feet Per Roll: 1320 FT 2 BARBLESS WIRE 100 rolls Unit Price: WB NIB WB $36.95 Stock 1212BF Feet Per Roll: 1320 FT 3 METAL TEE POSTS 3.1 6' Tee Poste 1,000 each Unit Price: WB WB NIB $3.49 Stock 6: 6133AF 3.2 6-111' Tea Poets 500 each Unit Price: NIB NIB WB $3.75 Stock $12133AF 4 WOODEN POSTS 4.1 4" x 6-112' Wooden Poste-.4000A 1,000 each 6018NDL 501UNIT Unit Price: NB $4.24 $4.40 $4.65 Stock 6: 0466001-132-92 6124TPF 4.2 6"x 8'-.4000A 1,000 each 301 BNDL 301 UNIT Unit Price: NIB $11.01 $9.95 $10.15 Stock 6: 0610001-132-92 18TPF 4.3 7" x 1' -.4000A 1,000 each 201 BNDL Unit Price: NB $13.71 WB $14.45 Stock B: 87TPF 4.4 I' x 2',40 CCA 1,000 each 151 BNDL 151 UNIT Unit Price: WB $17.91 $20.35 $18.45 Stock 6: 0810001-132-92 18TPF 5.0 CEDAR POSTS 5.1 4" x 6-112' Cedar Posh 500 each PricelYard $4.45 NIB NB NIB PricelWire $3.85 NB WB NB 5.2 5" x 6-112' 1,000 each PriceNard $5.10 NB WB W8 PricelWire $4.15 W8 NIB WB 5.3 6" x 8' 500 each Unit Price: $11.90 WB NIB NIB Stock 6: 5.4 1" x 1' 1,000 each Unit Price: $14.85 WB NIB WB Stock 6: 5.5 1" x 1' 1,000 each Unit Price: $18.00 NIB WB NIB Stock 9: 5.0 Concrete - 3500 PSI Unit Price: WB NIB NB $3.19 7.0 Gates - GOV., 15/8" 11 ga. 10' Unit Price NB WB NIB $59.95 12' Unit Price WB WB WB $64.95 14' Unit Pdce WB WB W8 $72.95 16'Unit Price NIB WB WB $79.95 Gates - Galv., 1718" 16 ga. 10' Unit Price WB NB WB WB 12' Unit Price NIB NB WB NB 14' Unit Price NB NB WB NIB 16' Unit Price WB WB NIB WB 'Conroe Wood Products - 7.14 Day Lead Time for Delivery "Woodson Lumber - 2 Week Lead Time on all 6 7.0 RECOMMENDATION: Woodson Lumber" items 1.0 through 3.2 and 6.0 through 7.0 CO.PrQ WoOO.RradpLTs . em3'4:4"throuah 4.4 COURT APPROVAL DATE: !65 k z O O O O w N O U. E R ER Eli V . ` m C O c4 O w O v ) 0 d co N C O Z O s O V-: cs C; 0 C U N c m co N ui Q N p ~ 4) o Z J o a = > ) a.+ Q W c a _j o a m Z in m Q W LL ` H L w ~ ' _ p o z a w V V Qs O O O 1 , i O ~ Z W eF ~ N r 66 O M r L. O -0 r LL 41% EI> Eli -a N = C * > m ~ i E ou a cn Z ~ O m Q v m e o -v > o Z v v m c W LEA a+ a+ _ v d J c c CL O Q 0) = ca u CL c R w a c o o o o 0 m u I a a 13 0 LA O C J V ~ ~ m O N c7 •3 v 16 51 - BID TABULATION 2008-021 CONSTRUCTION OF NEW TWO LANE ROADWAY BRIDGES AT FICKEY ROAD AT SAND CREEK TRIBUTARY FICKEY ROAD AT SAND CREEK GRASSBUR ROAD AT WICKSON CREEK TRIBUTARY JACK MANNING ROAD AT MCDONALD CREEK MUMFORD ROAD AT THOMPSON CREEK TRIBUTARY OLD BUNDICK ROAD AT LITTLE CEDAR CREEK DUDLEY CONSTRUCTION, LTD. COLLEGE STATION, TEXAS WAKEFIELD BRIDGE, INC. WHARTON, TEXAS FICKEY ROAD AT SAND CREEK TRIBUTARY $151,200.00 $91,600.00 FICKEY ROAD AT SAND CREEK $226,800.00 $144,600.00 GRASSBUR ROAD AT WICKSON CREEK TRIBUTARY $151,200.00 $91,600.00 JACK MANNING ROAD AT MCDONALD CREEK $153,440.00 $96,500.00 MUMFORD ROAD AT THOMPSON CREEK TRIBUTARY $189,000.00 $104,200.00 OLD BUNDICK ROAD AT LITTLE CEDAR CREEK $294,000.00 $173,076.00 TOTAL $1,165,640.00 $701,576.00 Breakdown: Mobilization $116,564.00 $70,000.00 Materials $699,384.00 $351,945.60 Labor $291,410.00 $234,630.40 Demobilization $58,282.00 $45,000.00 TOTAL $1,165,640.00 $701,576.00 WORKING DAYS TO ACCOMPLISH THIS WORK 240 132 CALENDAR DAYS FOR COMPLETION OF WORK 365 180 RECOMMENDATION: Wakefield Bri e, Inc. COURT APPROVAL: APPROVAL DATE: i05 5a2 3 0 m m E m r G 7 " 7 V b 9 b y m m m • X e r ! N < < C ~ G rt s m ^ # € x c ° y OD c 3 W g G 0 r a' C lp d ° f N 0 t m c i N w d g N o) !S' 3 ~ o O O ~ 3 ~ V N ~ ~ ~ A fA O 7 A ~I o x a tt a 7 N 9 1 3 o 9 9 a ~ ~ d m y ~ - O s 3 w ~mgg m 3 v A 1 1 ~ 1 3 a - 4► a i R = ~ p Y p S ~ W , 3c w O ~ g g } w rmn m g idi F 4 + ~ g ° m o p 3 a -lyj m 0 Z » <O <i 4 1 w n 0 W O O $ u X c ;o a 3 N W c l O n ° O ' w z~ m ~ b o ~ 0 m d o o 2 i 1 x' , 1 1 0 A m ry -1 q -1 7 m ~ 1 1 z n p oC 3 m 2 11 o n + + ll E + ° G1 Q m 7 M m . o 0 m 5 y a o, Q 4 g O o 3 p o 0 O C m x mw S 0 7 3 n '~~m'- z A N c o A n n 4 m 0333 C Q 0 2 'p _ o c p C7 9 o Z ° o' q °m 0 m 2 8 3 I a e° T> '~f m n a y w ~ ' a m S r ~ c a C pp j Gn A m rn ~ N dor y m AL c a e c p a ~ $ G 5 3 3 = c 7' C tg - C !t . i E M n Oa O a R ~ ~ € c 9. E m r CL W 9, O p, s tB . Q o SI ° '11 M 5 rye ,o c V 0 m y . M r~ m G rm m0 v0 C o G cn o m Mm 00 'a ME ~rn a~ 'i m <a m z v N W w V co co 06 A . O r 0 o0 0 0 N N N N 00 N N) N PI) N N) Pi N) N O) 0 0 LVI 0 0 0 0 0 0 ° o ° ° D o A ° c i +(n o o o cc ~ , m r a z A Z Z z z z z „ g m m z z z w D TI A A m O N ~ ~ O ~ CA) O 0) V 4 W co W (o O O Oo0 O N OD " A 0) 00 (A N O A cA) Z., W 0 W r *k O Ut A W W U1 V V CT O O N Cn CO M Fn X > m 0 z O N ~ 0 N 0 N 0 N 0 N 0 0 0 to 0 0 N 0 N 0 N 0 N 0 N ~ m Cn W 00 A 0 CT W V t1~ CO 6 W O CT A N 0 -J 0 ~I 0 O O O 6 W O O O O m z ~ CO 01 0 D CO 00 0 O -I O V 00 N O N N CT 00 CO O A N Z > W W N O N -1 CO Q) c0 A W O CO Z v n m W N ~ c < m ~ r ~ ~ Q 0 rn z Z cc cc z = ~v z m 0 D D v 2 ~ ~ M D . W > O 0 Fn a) Z W - m n n ao ~ n m ~ ~ m ~ ~ O O c m x Z m m D m Z ! M 0 0 ~ n ~ m n - l < N n " O m W N o 3 " " m m z o m cc ;u o X ~ y ~ 3 N N 0 00 O O Cn N W W ~ W N N N V c 0 Cn CO W O A N O p Cn O O A LI Un N O N O N M oo A O O O - Cr 0 00 0 0 --4 W m v A 0 OD 00 00 O A 0 0 0 00 0 D 0;o m 0 ocn _0 N W N W W K3 N N ~ N o O 0 O ~ ~ N 00 0 0 A C1~ Ja ~ m O 0 O 0 o 0 O 0 O 0 o 0 O 0 O 0 O 0 0 0 0 0 0 0 0 0 v 'T~ 0 0 0 0 0 0 0 0 0 O O O O a . 001, 05 K~ 4 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridle NUMBER 56001000 DATE OF COURT MEETING: January 15, 2008 ITEM: Consider and take action on Bryan Texas Utilities' cost estimate of $3,339.84 to relocate an overhead electrical line (at the County's request) on Mumford Road to accommodate the new bridge project. Site is located in Precinct 4. Copy of Requisition No. 00017471 in the amount of $3,339.84 is attached. SOURCE OF FUNDS: N/A PRESENTATION: Brazos County will be billed on the actual "as built" expenses. ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: APPROVED BY: Richard F. Vance, P.E. ommission r Carey Cauley County Engineer Precinct 4 CC2008-004 This Request is A proved 2/1 Denied ❑ by Commissioners' Court Date: (l/ ~-)S(-- i? Randy Sims,fflounty Judge BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: JanuM 15, 2008 ITEM: Consider and take action on Bryan Texas Utilities' cost estimate of $1,048.06 to relocate an overhead electrical line (at the County's request) on Grassbur Road to accommodate the bridge replacement project Site is located in Precinct 2. Copy of Requisition No 00017473 in the amount of $1,048.06 is attached. SOURCE OF FUNDS: N/A PRESENTATION: Brazos County will be billed on the actual "as built" expenses. ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: Richard F. Vance, P.E. County Engineer CC2008-005 APPROVED BY: Commissioner E. Duane Peters Precinct 2 This Request is Approved / Denied El by Commissioners' Court Date: l ~l Z-g- Randy Sims, Vounty Judge Notice of Intent (NOI) for Storm Water TCEQ Office Use Only Permit No.: " Discharges from Small Municipal Separate RN: Storm Sewer Systems (MS4) under the TPDES cN: TCEQ Phase it I'rPIS4 General Permit (TXR040000) Did you know you can pay on line? Go to www.tcea.state.tx.us/ePav Select Fee Type: GENERAL PERMIT MS4 PHASE II STORM WATER DISCHARGE NOI APPLICATION Application Fee: You must pay the $100 Application Fee to TCEQ for the application to be considered complete. How did you a this fee? ✓ Mailed: Check/Money Order No.: Name Printed on Check: Brazos Count ❑ EPAY: Voucher No.: Is the Payment Voucher co attached? Yes IMPORTANT: -Use the attached INSTRUCTIONS when completing this form. -After completing this form, use the attached CUSTOMER CHECKLIST to make certain all items are complete and accurate. -Missing, illegible, or inaccurate items may delay final acknowledgment or coverage under the general permit. One (1) copy of the NOI and SWMP with the completed SWMP Cover Sheet MUST be submitted with the original NOI and SWMP. Is the co attached? 21 Yes A. OPERATOR (applicant) 1. If the applicant is currently a customer with TCEQ, what is the Customer Number (CN) issued to this entity? CN 600512792 2. What is the full Legal Name of the applicant? Brazos County r1he exact legal name must be rovidedC 3. What is the applicant's mailing address as recognize d b the US Postal Service? Address: 2617 HWY 21 West Suite No./Bldg. No./Mail Code: City: Bryan State: Texas ZIP Code: 77803 Count Mailing Information if outside USA). Country Code: Postal Code: 4. Phone No.: 979 822-2127 Extension: 5. Fax No.: 979 775-0453 E-mail Address: garnold@co.brazos.tx.us 6. Indicate the type of Customer: ®Federal Government ® State Government County Government 0City Government ® Other Government 7. Number of Employees: 0 0-20; 021-100; 0101-250; 0251-500• or 0 501 or higher B. BILLING ADDRESS The Operator is responsible for paying the annual fee. The annual fee will be assessed to permits active on September 1 of each year. TCEQ will send a bill to the address provided in this section. The Operator is responsible for terminating the permit when it is no longer needed. Is the billing address same as the Operator Address? Yes, o to Section C. ED No, fill out Section B 1. Billing Mailing Address: PO Box 914 Suite No./Bldg. No./Mail Code: Cit : Bryan State: Texas ZIP Code: 77803 2. Count Mailing Information (if outside USA). Count Code: Postal Code: 3. Billing Contact Attn or C/O): county Auditor 4. Phone No.: 979 361-43,50 Extension: 5. Fax No.: (979 ) 361-4347 E-mail Address: kconner@co.brazos.tx.us TCEQ- 20368 (08/14/2007) Page 1 C. REGULATED ENTITY RE INFORMATION 1. Has the TCEQ issued a Regulated Entity Reference Number (RN) for the regulated MS4 ? Yes. What is the RN? RN No - TCE will assign the RN number after the NOI is submitted. 2. Name that is used to identify the small MS4 (Regulated Entity). (Example: City of XXX MS4 Unincorporated Brazos County MS4 3. Provide a brief description of the regulated MS4 boundaries: (Example: Area within the City of XXXX limits that is located within the xxx (e.g. Dallas) urbanized area.) Urbanized Area Outside City Limits Brazos Count 4. a. What is the county where the largest residential population exists within the regulated MS4 boundaries? Brazos Count b. Is the MS4 located within additional counties? r! Yes No If es what coup s ? 5. What is the latitude and longitude of the approximate center of the regulated portion of the small MS4? Latitude: 30de .33min.57.58sec. N Longitude: 9sdeg.20min.01.91sec. W 6. What is the mailing address for the regulated entity? Is the RE mailing address the same as the Operator? [DYes, o to Section F. ®No, provide the address. Street Number: Street Name: Ci : State: ZIP Code: D. GENERAL CHARACTERISTICS 1. 1 certify that any portion of the regulated MS4 is not located on Indian Country Lands. E] Yes ® No If No, you must obtain authorization throw EPA, Region VI. 2. What is the Standard Industrial Classification (SIC) code (see instructions for common codes): 9111 3. Has TCEQ "designated" the small MS4 as needing coverage under this general permit? E] Yes No If "No" and no portion of the Small MS4 is located within an Urbanized Area as determined by the 2000 Decennial Census by the U.S. Bureau of Census requiring a NOI be submitted, the operator is not eligible for coverage under this general permit through the NOI. 4. Storm Water Management Program (SWMP) a. I certify that the SWMP submitted with this Notice of Intent has been developed according to the provisions of this general permit TXR040000. 0 Yes 0 No b. I certify that the SWMP Cover Sheet is completed and attached to the front of the SWMP. El Yes El No If No to question a. or b. the application is considered incomplete and may be returned. b. Who is the person responsible for implementing or coordinating implementation of the SWMP? (Note: All contact information requested below is required) Name: Gary Arnold CFM Title: Director of Plannin and Traffic Company: Brazos Count Road and Bridge- Address: 2617 HWY 21 West Suite No./Bldg. No./Mail Code: Ci : Bryan State: Texas ZIP Code: 77803 Phone No.: ( 979 ) 822-2127 Extension: Fax No.: (g7g ) 775-0453 E-mail Address: garnold@co.brazos.tx.us 5. Seventh Minimum Control Measure MCM for Municipal Construction Activities a. Is the Minimum Control Measure for authorization to discharge storm water from municipal construction activities included with the attached SWMP? OYes 0 No b. If you answered "Yes" to 5.a., what are the boundaries within which those activities will occur? Note: If the boundaries are located outside of the urbanized area, then the entire SWMP must also incorporate the additional areas. TCEQ- 20368 (08/14/2007) Page 2 _1 05- 5~ c. Is the discharge or potential discharge from regulated construction activities within the Recharge Zone, Contributing Zone, or Contributing zone within the Transition zone of the Edwards Aquifer? ®Yes EDNo If the answer is "Yes", please note that a copy of the agency approved Plan required by the Edwards Aquifer Rule (30 TAC Chapter 213 must be either included or referenced in the construction storm water pollution prevention plan(s). 6. Discharge Information a What is the name of the receiving water body(s) from the MS4? Discharge is via the unincorporated Brazos County MS4 to various ditches, unnamed tributaries and creeks, Still Creek, Hopes Creek, Carters Creek, Navasota River Below Lake Limestone, Brazos River Above Navasota River b. What is the classified segment(s) that receives discharges, directly or indirectly, from the small MS4? 1209, 1242, c. Are any of the surface water bodies receiving discharges from the small MS4 on the latest EPA-approved CWA § 303(d) list of impaired waters? ElYes ® No If Yes, what is the name of the impaired water body(s) receiving the discharges from the small MS4? Carters Creek, Still Creek, Navasota River Below Lake Limestone d. Is the discharge into any other MS4 prior to discharge into surface water in the state? 0 Yes ~No If Yes, what is the name of the MS4 Operator? 7. Edwards Aquifer Is the discharge or potential discharge from the MS4 within the Recharge Zone, Contributing Zone, or Contributing Zone within the Transition Zone of the Edwards Aquifer? ® Yes E]No If the answer is Yes, please note that a copy of the agency approved Plan required by the Edwards Aquifer Rule (30 TAC Chapter 213 for activities also regulated under this general permit must be either included or referenced in the S WMP. 8. Public Participation Process The Office of Chief Clerk will send the operator or person responsible for publishing notice, the notice of the executive director's preliminary determination of the NOI and S WMP, for publishing in a newspaper of largest circulation in the county where the small MS4 is located. If multiple counties, notice must be published at least once in the newspaper of largest circulation in the county containing the largest resident population. The applicant must file with the Chief Clerk a copy of an affidavit of the publication within 60 days of receiving the written instructions from the Office of Chief Clerk. a. I will comply with the Public Participation requirements described in Part II.D.12 of the general permit. O Yes No If No, coverage under this general permit is not obtainable. b. Who is the person responsible for publishing notice of the executive director's preliminary determination on the NOI and SWMP? (Note: All contact information re uested below is required.) Name: Ga Arnold CFM Title: Director of Planning and Traffic Company: Brazos County Road and Bridge Address: 2617 HWY 21 West Suite No./Bldg. No./Mail Code: Cit : Bryan State: Texas Zip Code: 77803 Phone No.: 979 822-2127 Extension: Fax No.: 979 775-0453 E-mail Address: arnold co.brazos.tx.us c. What is the name and location of the public location where copies of the NOI and SWMP, as well as the executive director's general permit and fact sheet, may be viewed? Name of Public Place: Brazos County Courthouse Address of Public Place: 300 East 26th Street Bryan,Texas 77803 County of Public Place: Brazos County ITCEQ- 20368 (08/14/2007) Page 3 105 59 E. CERTIFICATION Check "Yes" to the certifications below. Failure to indicate "Yes" to ALL items may result in denial of coverage under the general permit. I certify that I have obtained a copy and understand the terms and conditions of the general permit TXR040000. [Z] Yes I certify that the small MS4 qualifies for coverage under the general permit TXR0A0000. Yes I understand that a Notice of Termination (NOT) must be submitted when this authorization is no longer needed. 0 Yes I understand that permits active on September 1st of each year will be assessed an Annual Water Quality Fee. Q Yes Operator Certification: I, Randy Sims County Judge Typed or printed name Title certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. I further certify that I am authorized under 30 Texas Administrative Code §305.44 to sign and submit this document, and can provide documentati in proo such a upon request. Signature: Date:_ se blue ink TCEQ- 20368 (08/14/2007) Page 4 Did you complete everything? Use this checklist to be sure! Are you ready to mail your form to TCEQ? Go to the General Information Section of the Instructions for mailing addresses. Customer GP Notice of Intent Checklist TXR040000 This checklist is for use by the operator to ensure a complete application. Missing information may result in denial of coverage under the permit. See NOI Process description in the Instructions 0 Application Fee was paid through EPAY and payment voucher is attached or the Payment Submittal Form with payment was mailed to TCEQ Cashier's office. DO NOT MAIL THE PAYMENT WITH THE ORIGINAL NOI. Note: Use ePa to a the application fee. It helps to streamline processing of our application. OPERATOR INFORMATION - Confirm each item is complete: d Customer Number (CN) issued by TCEQ Central Registry M Operator Mailing Address is complete & verifiable with USPS. www.usps.com ❑ Phone Numbers/E-mail Address Type of Operator (Entity Type) Number of Employees Billing Address is complete & verifiable with USPS. www.usps.com REGULATED ENTITY (RE) INFORMATION ON PROJECT OR SITE - Confirm each item is complete: d ❑ MS4 Name/Regulated Entity Name ✓0 Site Description Latitude and Longitude www.tceg.state.tx.us/izis/drLview.htmi or www.terraserver.microsoft.com/advfind.asl2x. Business description 0 Site Mailing Address checked same as operator or provided a complete & USPS verifiable address. www.us s.com GENERAL CHARACTERISTICS - Confirm each item is complete: I 0 Indian Country Lands -the facility is not on Indian Country Lands 0 Standard Industrial Classification (SIC) code www.osha.gov/oshstats/sicser.htmi 0 Qualifying TCEQ "Designated" Small MS4 [Z] Minimum Control Measure (MCM) for Municipal Construction Activities Di Discharge Information (receiving water body, segment no., impaired water body(s) and MS4 Operator) [ Edwards Aquifer Rule Public Participation Information 0✓ CERTIFICATION Certification statements have been checked indicating "Yes" Signature meets 30 Texas Administrative Code (TAC) §305.44 and is original and has been provided for the Operator. M Storm Water Management Program (SWMP) and completed SWMP Cover Sheet are attached to the NOI. TCEQ-20368 NOI Checklist (08/14/2007) Page 1 Brazos County Unincorporated Urbanized Areas TPDES General Permit # TXR040000 2007 - 2012 Storm Water Management Program Brazos County TPDES Management Program Table of Contents Section I - Overview and Definitions 1. Overview ...................................................................................3 2. Definitions .................................................................................3-5 Section II - Permit Applicability and Coverage 1. Urbanized Area ............................................................................6 2. Regulatory Restrictions on Texas Counties ............................................6 Section III - Storm Water Management Program (SWMP) Overview and Contrasts with Cities ........................................................6-7 1. Public Education and Outreach ..........................................................8-9 2. Public Involvement/ Participation .......................................................9-10 3. Illicit Discharge Detection and Elimination ............................................10-12 4. Construction Site Storm Water Runoff Control .......................................12-14 5. Post Construction Storm Water Management in New Development and Redevelopment ................................................14-16 6. Pollution Prevention/Good Housekeeping for Municipal Operations ..............16-17 Section IV - Recordkeeping and Reporting 1. Recordkeeping .............................................................................18 2. Annual Report .............................................................................18 2 &3 ~a 5 Section I - Overview and Definitions 1.1- Storm Water Rule Overview Phase 1 of the U.S Environmental Protection Agency's (EPA) municipal storm water program started in 1990 under the authority of the Federal Clean Water Act (CWA). Phase 1 relies on National Pollutant Discharge Elimination System (NPDES) permit coverage to address pollutants from storm water runoff and dry weather discharges. Phase 1 permits are required for large and medium municipal separate storm sewer systems (MS4s), serving populations of 100,000 or greater. The Storm Water Phase 2 Final Rule (promulgated December 8, 1999) was the next step in the EPA's efforts to protect the nation's water resources from polluted storm water runoff and dry weather discharges into storm drain systems. The Phase 2 program requires local governments to implement programs and practices to control water pollution, to the "maximum extent practicable" (MEP) in urbanized areas of small MS4s (population less than 100,000). The program requires Phase 2 local governments to obtain a permit that includes "minimum control measures" that must be implemented for coverage. The six minimum control measures include: public education; public involvement; illicit discharge elimination; construction sites; post construction pollution; pollution prevention for municipal operations. There are significant penalties ( up to $27,500 per day) for non compliance with federal permit provisions. The Texas Commission on Environmental Quality (TCEQ) is now authorized by EPA to issue and enforce the Texas Pollutant Discharge Elimination System (TPDES) Phase 1 and 2 storm water permits, in lieu of federal NPDES permits. Effective 8/13/2007 TCEQ Commissioners approved the TPDES General Permit to authorize discharge of storm water from regulated Phase 2 MS4s. Permittees must submit applications for coverage to TCEQ before 2/8/2008. The application must include a Notice of Intent for coverage (NOI) and a Storm Water Management Program (SWMP). The NOI is a document that provides TCEQ with an official notification to seek permit coverage and identifies legally responsible parties for permit enforcement. The S WMP describes what actions are to be implemented by the permitee to address the required elements of a storm water program. The SWMP describes in detail which Best Management Practices (BMPs) will be implemented to meet permit requirements. The permit term covers 5 years (8/13/07- 8/12/12). The permit will be renewed at 5 year intervals, which will likely require significant changes to the SWMP for future approvals. 1.2- Definitions Best Management Practices (BMPs- Schedules of activities, prohibitions of practices, maintenance procedures, structural controls, local ordinances, and other management practices to prevent or reduce the discharge of pollutants. BMPs also include treatment requirements, operating procedures, and practices to f65 6 control runoff, spills, waste disposal, or drainage from raw material storage areas. Classified Segment - Refers to a water body that is listed and described in Appendix A or Appendix C of the Texas Surface Water Quality Standards, at 30 TAC 307.10. Clean Water Act (CWA) - The Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, Pub. L. 92-500, as amended Pub. L. 95-576, Pub.L. 96-483 and Pub. L. 97-117, 33 U>S>C> 1251 et.seq. Conveyance - Curbs, gutters, man-made channels and ditches, drains, pipes, and other constructed features designed or used for flood control or to otherwise transport storm water runoff. Discharge - When used without a qualifier, refers to the discharge of storm water runoff or certain non-storm water discharges as allowed under the authorization of this general permit. Illicit Connection- Any man-made conveyance connecting an illicit discharge directly to a municipal separate storm sewer system. Illicit Discharge - Any discharge to a municipal separate storm sewer that is not composed entirely of storm water except discharges pursuant to this general permit or a separate authorization and discharges resulting from emergency fire fighting activities. Maximum Extent Practicable (MEP) - The technology- based discharge standard for MS4s to reduce pollutants in storm water discharges that was established by CWA 402(p). A discussion of MEP as it applies to small MS4s is found at 40CFR 122.34. Municipal Separate Storm Sewer System (MS4 or Small MS4- A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curb, gutters, ditches, man-made channels, or storm drains) owned or operated by the United States, a state, city, town, borough, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of storm water, designed or used for collecting or conveying storm water. MS4 Operator - The public entity, and/ or the entity contracted by the public entity, responsible for management and operation of the small MS4 that is subject to terms of this general permit. MS4 Small - Refers to a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man- made channels, or storm drains) owned or operated by the U.S., a state, city, town, borough, county, district, association, or other public body (created pursuant to State law) having jurisdiction over disposal of sewage, industrial waste, storm water, or other wastes, including special districts under State law such as a sewer district, flood control district, or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under 208 of the CWA; designed or used for collecting or conveying storm water; which is not a combined sewer; which was not previously authorized under a NPDES or TPDES individual permit as a medium or large MS4, as defined at 40 CFR 122.26(b)(4) and (b)(7). This term includes systems similar to separate storm Sewer systems at military bases large hospital or prison complexes, and highways 4 and other thoroughfares. This term does not include separate storm sewers in very discreet areas, such as individual buildings. For the purpose of this permit, a very discreet system also includes storm drains associated with certain municipal offices and education facilities serving a nonresidential population, where those storm drains do not function as a system, and where the buildings are not physically interconnected to an MS4 that is also operated by that public entity Outfall - A point source at the point where a MS4 discharges to waters of the U.S. and does not include open conveyances connecting two MS4s, or pipes, tunnels, or other conveyances that connect segments of the same stream or other waters of the U.S. and are used to convey waters of the U.S. Surface Water in the State - Lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, wetlands marshes, inlets, canals, the Gulf of Mexico inside the territorial limits of the state, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable or non navigable, and including the beds and banks of all water-courses and bodies of surface water, that are wholly or partially inside or bordering the state or subject to the jurisdiction of the state; except that waters in treatment systems which are authorized by the state or federal law, regulation, or permit, and which are created for the purpose of waste treatment are not considered to be water in the state. Urbanized Area (UA,) - An area of high population density, which may include multiple MS4s, as defined and used by the U.S. Census Bureau in the 2000 decennial census. Waters of the U.S. - Means: (a) all waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (b) all interstate waters, including interstate wetlands; (c) all other waters such as intrastate lakes, rivers, streams including intermittent streams, mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds that the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters: (1) which are or could be used by interstate or foreign travelers for recreational or other purposes: (2) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce or: (3) which are used or could be used for industrial purposes by industries in interstate commerce: (d) all impoundments of waters otherwise defined as waters of the U.S. under this definition: (e) tributaries of waters identified in paragraphs a through d of this definition: (f) the territorial sea; and (g) wetlands adjacent to waters ( other than waters that are themselves wetlands) identified in paragraphs a through f of this definition. Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA are not waters of the U.S. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the U.S. ( such as disposal area in wetlands) nor resulted from the impoundment of waters of the U.S. Waters of the U.S. do not include prior converted cropland. Not withstanding the determination of an area's status as prior converted cropland by any other federal agency, for the purposes of the CWA, the final authority regarding CWA jurisdiction remains with EPA. j05 l (0 SECTION II - PERMIT APPLICABILITY AND COVERAGE 11.1 Urbanized Areas The TPDES permit requirements apply only to the portions of unincorporated Brazos County that are identified as urbanized areas. There are approximately 4 non-contiguous urbanized areas in unincorporated Brazos County. These areas are identified based upon data in the 2000 U.S. Census map. The map may be viewed at http:// cfpub.epa.gov/npdes/stormwater/urbanmapresult.cfm?state=TX Two maps are available: (1) Overview Map (2) Detailed map with roads. These maps are linked to the TCEQ storm water permit website. The Brazos County SWMP addresses permit required BMPs only in the unincorporated urbanized area portions of the county; however, certain elements of the SWMP may be voluntarily implemented by the permittee within the larger unincorporated area. One example is Public Education and Outreach, which may be implemented on a more regional basis, such as television broadcasts or websites associated with Brazos County. 11.2 Regulatory Mechanism Restrictions for Counties Texas is somewhat unique in the U.S. regarding the restrictions it places upon counties. Basically, the Texas Constitution and State statutes do not grant Texas counties the ability to create and enforce ordnances, such as the ones that Texas cities (Home Rule) are allowed to create in order to meet the TPDES permit requirements. To address this restriction, TCEQ rules contain text stating "to the extent allowable under the state and local law". This statement is cited several times in Part III, SWMP development and implementation, of the general permit. Brazos County will address the various elements in the General Permit SWMP requirements to the extent allowable under current state and local law. SECTION III - STORM WATER MANAGEMENT PLAN (SWMP) Overview of Brazos County's SWMP To the extent allowable by State and local law (see 11.2 above), Brazos County's SWMP was developed and will be implemented according to requirements of Part III of TPDES General Permit TXR 040000, for discharges of storm water to surface water in the State. This SWMP was developed to prevent pollution in storm drainage systems to the maximum extent practicable, with control measures being phased in during the 5 year permit term. The SWMP addresses six minimum control measures (MCMs) as required by TCEQ rules. MCMs will be implemented in the urbanized areas of unincorporated Brazos County and may be voluntarily implemented in other unincorporated areas of / 65 & Y 6 Brazos County if warranted by special conditions such as participation in regional initiatives. MCMs will be evaluated based upon the accomplishment of activities (BMPs) listed under each MCM. Brazos County storm water staff from two departments will monitor MCM activities and are identified in each section. Legal Authority (Contrast with Cities) Unlike cities, counties are not authorized by the State Constitution or State Statutes to enact the ordinances and implement all of the regulatory requirements that Phase 2 (small MS4) requires. Brazos County addresses "to the extent allowable under state and local law" in appropriate MCM sections. Ditch Drainage System (Contrast with Cities) Unlike cities, Brazos County's storm drainage system is not a traditional underground drainage system (curb inlets, underground pipes and out fall discharges from pipes). Instead, Brazos County's storm drainage system is mostly comprised of unlined (pervious) above ground ditches. Benefits and challenges associated with this type of system will be addressed in the appropriate MCM sections. Large Area and long Distances between Non Contiguous Urbanized Areas (Contrast with Cities) Unlike cities, Brazos County has approximately 4 small non contiguous Urbanized Areas scattered across a county wide area of 590 square miles. Long travel distances, often exceeding those found in large MS4 cities will be required by small MS4 County staff to implement daily activities associated with this program. This extra challenge is another element to consider when comparing the SWMPs of counties to cities in the area. Annexation and De-annexation (Contrast with Cities) Unlike cities, counties will be losing land areas when annexation occurs. Counties will not be adding new areas of responsibilities and will not have to provide services to the annexed land. Brazos County will only add urbanized areas when population densities increase in existing unincorporated county, as designated by the U.S. Census Bureau on a ten year cycle. Participants in Developing/Implementing Brazos County's SWMP Brazos County's SWMP was developed by County staff with storm water experience. Responsibilities for implementing the SWMP are divided between two county departments; Road and Bridge and Health Departments. Each MCM contains the name, department, mailing address, phone number and email of staff or manager primarily responsible for that specific MCM. 105 W Section 111.1 - Public Education and Outreach MCM Brazos County will inform the public about water quality issues regarding storm water runoff and illicit discharges by providing informational materials in multiple formats. Brazos County, Brazos County/ Texas Cooperative Extension Program, Keep Brazos Beautiful, Brazos Valley Council of Governments may be used to develop and distribute public education and outreach material. If practical Brazos County will work with the City of Bryan and the City of College Station, the local municipal governments to develop suitable community materials for website postings and or distribution at the Brazos County Courthouse and other County Facilities. The community to be addressed will consist of residents, public service employees, businesses, commercial/industrial facilities and construction site personnel in unincorporated/urbanized areas of Brazos County. Due to the lack of a centralized location to attract visitors within the approximately 4 non- contiguous urbanized areas in unincorporated Brazos County, visitors will not be a target group. Also these areas are mostly residential in nature and not intended to attract visitors. (a) BMP, Measurable Goal and Date-- Education Materials and Distribution Brazos County will distribute storm water related material in 5 or more County buildings. Examples include such items as information sheets and/or brochures. These materials may be developed by Brazos County staff, EPA, TCEQ, or any other source. Some of these materials will address illicit discharges, construction, NOI submittals and other informational materials required by this permit. Goal and Date : At least 500 copies will be distributed annually, beginning in Permit Year 2 and continuing through Permit Year 5. Status : Not Started (b) BMP, Measurable Goal and Date - Cooperative Extension The Texas Cooperative Extension, Brazos County, conducts a variety of environmental educational activities (speeches, training, ect.) in Brazos County. Storm Water staff will coordinate with the Cooperative Extension staff to report any annual education activities that are storm water related in Brazos County. Goal and Date - Brazos County staff will document this information and include it in the annual report, beginning in Permit Year 2 and contining through Permit Year 5. Status : Not Started (c) BMP, Measurable Goal and Date - Public Health and Road and Bridge Websites Post storm water information on the Brazos County Public Health Dept's website, www.brazoshealth.org and on the Road and Bridge Dept's website www.brazos.tx.us/departments/engincer. Brazos County will provide links to the City of Bryan, City of College Station, TCEQ, and EPA storm water website. 8 16 5 b7 Goal and Date: The Brazos County websites will start development in Permit Year 2 and be completed in Permit Year 3 and continuing through Permit Year 5. The sites will be reviewed annually to determine if content revisions are needed. Status: Not Started Staff Contact: Gary Arnold Brazos County Road and Bridge 2617 HWY 21 West Bryan Texas 77803 Phone: (979)822-2127 Email: gamold@co.brazos.tx.us Section 111.2- Public Involvement/ Participation MCM Brazos County will rely upon compliance with public notice requirements regarding public meetings of the Brazos County Commissioner's Court to receive public input into the storm water program development and implementation. Also the draft of the SWMP will be posted on the Brazos County Website prior to submitting it to TCEQ for TPDES General Storm Water Permit coverage. (a) BMP, Measurable Goal and Date- Public Notice for Meetings The Brazos County Commissioner's Court meetings are subject to state/local public notice requirements, which meet TCEQ minimum requirements for public involvement/participation. Goal and Date: Staff will verify that Commissioner's Court meetings comply with public notice requirements and include that information in annual reports to TCEQ. Public notice for meetings is already in effect and will continue from Permit Year 1 to Permit Year 5. Status: Accomplished and Ongoing (b) BMP, Measurable Goal and Date- Posting Draft SWMP on Website After internal review by Brazos County Officials and prior to submittal to TCEQ, staff will post the draft SWMP on the County's Website. Goal and Date: Staff will post the draft SWMP on the County Website at least 14 days prior to submitting the TCEQ permit application. Status: In Progress (14 days before submitting to TCEQ) rU5 ~b 9 (c) BMP Measurable Goal and Date- Public Notice in Newspaper After reviewing Brazos County's NOI and SWMP, TCEQ will issue "the executive director's preliminary determination". This public notice must be published by Brazos County at least once in the largest circulated newspaper in the county. In addition, this public notice must provide an opportunity for the public to submit comments on the NOI and SWMP and request a public meeting. A public meeting will be held if the TCEQ determines there is sufficient interest. Goal and Date: Publish TCEQ Executive Director's Preliminary Determination in the Bryan- College Station Eagle, including information about public comment and public meeting request within 30 days after being notified by the TCEQ Office of Chief Clerk. Status: Not Started Staff contacts: Gary Arnold and (see previous section) Section 111.3 - Illicit Discharge Detection and Elimination MCM To the extent allowable under State law, Brazos County will develop and implement an illicit discharge program. Since Texas counties do not have the rule/ordinance making authority that cities have, illicit dischargers that Brazos County cannot enforce against, after seeking voluntary compliance, will be referred to the TCEQ Region 9 Office in Waco. Malfunctioning on-site sewage facilities, such as septic systems, are subject to County corrective actions and enforcement, as necessary. Another item that impacts the development of this MCM is actual structure of the MS4 system. Brazos County's MS4 is mostly composed of open drainage ditches, as opposed to underground pipe systems and outfalls found in urbanized cities. This means that illicit connections/discharges to underground systems, which are often an important source of illicit discharges for cities, are not as hidden or difficult to locate in open drainage ditch systems found in many counties. Also dry weather flows are not as common in ditch systems since they are not lined in concrete and water is absorbed into the ground, while also being exposed to wind and sunlight. Additionally, outfalls are not as commonly found in a ditch system compared to an underground pipe system which discharges into readily identifiable outfalls. Brazos County accepts the TCEQ list of allowable non-storm water discharges in the MS4. These non-storm water sources may be discharged from the MS4 and are not required to be addressed in the MS4's Illicit Discharge and Detection MCM or other MCM's , provided they have not been determined by the MS4 to be substantial sources of pollutants to the MS4. A list of allowable discharges is contained in the TCEQ Fact Sheet and Executive Director's Preliminary Decision, TXR040000, see pages 5 and 6. 10 (a) BMP Measurable Goal and Date- Detection: Monitoring Drainage System Illicit discharge detection will be accomplished by visually monitoring outfalls or other locations within drainage ditch systems for indicators of illicit discharges or water pollution. When deemed appropriate by staff, chemical testing or toxicity testing (minnow in a bottle) may also be accomplished to confirm the presence of an illicit discharge. Goal and Date: At least 5 locations will be monitored annually. This activity will begin in Permit Year 3 and continue through Permit Year 5. Status: Not Started (b) BMP, Measurable Goal and Date- Detection and Correction: Citizen Reports and County Staff Surveillance. In addition to monitoring for illicit discharges, citizen reporting of apparent water pollution in neighborhood creeks is a reasonable means of detecting illicit discharges in unincorporated areas of Brazos County. Also during the performance of other duties, such as road or drainage maintenance, staff may see signs of illicit discharges. Within 3 weeks, in the unincorporated urbanized area, Brazos County staff will investigate citizen reports and staff discovered illicit discharges, excluding any repeated, unsubstantiated illicit discharge reports at a specific site. Voluntary compliance will be requested. Since the County's enforcement powers are restricted (see 11.2 Regulatory Restrictions)TCEQ's Region 9 Field Office will be notified of illicit dischargers that do not comply voluntarily. Goal and Date: Citizens and staff discovered illicit discharges in unincorporated urbanized areas will be investigated within 3 weeks. This activity will begin in Permit Year 3 and continue through Permit Year 5. Status: Not Started (c) BMP, Measurable Goal and Date - Correction: On Site Sewage Facilities The Brazos County Public Health Department, Environmental Health Division staff will maintain records, for the storm water program, of actions taken regarding malfunctioning of on site sewage facilities. Brazos County has authority from the State (TCEQ) to enforce rules regarding the installation and operation of on-site sewage facilities. Goal and Date: A GIS system will be used to track corrective actions taken regarding on-site sewage facilities beginning in Permit Year 2 and to continue trough Permit Year 5. Status: In Progress (d) BMP, Measurable goal and Date - Detection: Storm Drainage Map Brazos County will prepare a storm sewer map of urbanized areas in unincorporated Brazos County. Locating outfalls contained in those areas that discharge directly into the waters of the state, using available resources such 11 /0.5 as EPA Urbanized Area Maps, 7.5 minute USGS topographic maps, Atlas of Texas Surface Waters: www.tceq.state.tx.us/comm._pubs/pubs/gi/gi-316/, and Brazos County's GIS mapping service or any other resources. The map will contain street names, and outfall locations and other features that will be useful in identifying illicit discharges. Goals and Dates: Phase 1 - Map outfalls ect. in unincorporated urbanized areas of Precinct 3 in Permit Year 2. Phase 2 - Map outfalls ect. in unincorporated urbanized areas of Precinct 4 in Permit Year 3. Phase 3 - Map outfalls ect. in unincorporated urbanized areas of Precinct 1 in Permit Year 4 and 5. Status: Not Started (e)BMP, Measurable Goal and Date - Detection and Correction: Illegal Dumping The Brazos County Sheriffs Department and Constables investigate illegal dumping in the county. Storm water staff will coordinate with the Sherriff s Department team to report annual activities (number of illegal dumping cases, cases investigated, violations identified or not, cleanups, enforcement actions) that occurred in the county's storm water drainage right of ways. Goal and Date: Document activities and include in annual report, beginning in Permit Year 2 and continuing through Permit Year 5. Status: Not Started (f) BMP, Measurable Goal and Date - Correction: Household Waste Collection Brazos County provides the use of 6 manned trash compactor facilities around the county as a service to rural county residents to ensure proper disposal of household solid waste. A rural resident may deposit garbage at any facility of his choosing for a fee. Goal and Date: Document yearly tonnage in Permit Year 1 and continuing through Permit Year 5. Status: Accomplished and Ongoing Section 111.4- Construction Site Storm Water Runoff Control MCM To the extent allowable under State law, the County will develop and implement a modified construction inspection program in the urbanized areas of unincorporated Brazos County. Since Texas counties do not have the rule/ordinance making authority that cities have, the County cannot enforce a program to reduce pollutants in storm water runoff from construction sites. The County will participate in this MCM by providing n 3 12 ~jit O Y 4 general information about the TCEQ requirements to construction site operators, conducting voluntary reactive and proactive inspections and maintaining a file of Notices of Intent (NOI) for operators to be covered under the TCEQ General Storm Water Permit for construction sites. This file will be readily accessible to TCEQ staff. Any required enforcement will be conducted by TCEQ. (a) BMP, Measurable Goal and Date - NOI File for Construction Since TCEQ requires NOIs and CSNs (Construction Site Notices) from the construction site operators to be submitted directly to MS4s, the County will set up a file for this material prior to actually starting its construction MCM activities. This file will be divided into two sections: urbanized area NOIs/CSNs and nonurbanized area NOIs/CSNs. Urbanized areas will be determined by using the TCEQ website link to EPA, described in Section 11.2, Urbanized Areas. TCEQ may access this file at any time after it is established to obtain information about construction sites in unincorporated Brazos County. Small construction sites are not required to send NOIs to TCEQ offices; however they are required to submit CSNs to the MS4. Also, a public information flyer about Construction Storm Water TPDES Permit will be developed to be distributed to the citizens and the construction industry. This flyer will inform its readers about requirements of the NOI and CSN. Goal and Dates: Two construction files will be completed by 1/ 15/08. Due to the anticipated low numbers of NOI and CSN notices being sent to the MS4, Brazos County will publish 1 article in The Bryan College Station Eagle to encourage Construction operators to comply with this TCEQ requirement. The first notice will be published during Permit Year 1 and continue annually through Permit Year 5. A public information flyer will be established and can be distributed by the storm water staff. The circulation of the flyer will start during Permit Year 1 and continue trough Permit Year 5. Status: Not Started (b) BMP, Measurable Goal and Date - Public Submittal of Information Prior to implementing a voluntary construction inspection and enforcement referral program, the County will address public submittals of information regarding storm water quality issues associated with construction sites. The County will receive information and evaluate an appropriate response. The response may include a voluntary construction site visit to observe conditions and resolve issues, a direct referral to TCEQ, periodic site surveys or other response to address public submittal of information. Records will be maintained. Goal and Date: Citizen's construction reports will result in an initial response within 2 weeks, excluding any repeated, unsubstantiated reports regarding a specific site. This activity will begin in Permit Year 1 and continue through Permit year 5. Status: Not Started 05 1 . 13 (c) BMP, Measurable Goal and Date - Site Plan Review The County's current site review requirements entail drainage and floodplain management considerations during the platting procedures. At this time state law allows counties to review preliminary and final plats for drainage and floodplain issues but not potential water quality impacts. Brazos County intends to try and satisfy this requirement by giving additional storm water information to developers in the county's preliminary and final plat approval letters. We also plan to update the county's subdivision and development document with current storm water quality information. Goals and Dates: The storm water quality enhanced plat approval letters will be prepared and in use during Permit Year 2. The changes to the Subdivision and Development Regulations will be completed during Permit Year 5. This will take some time due to Commissioners Court approval before completion. Status: Not Started (d) BMP, Measurable Goal and Date - Site Inspection and Enforcement The County will begin voluntary construction site inspections in urbanized areas of unincorporated Brazos County. At least 6 sites will be inspected annually. Site Operators will be checked for NOI submittal, the presence of a functional Storm Water Pollution Prevention Plan (SW3P) and general compliance with TCEQ requirements. If after initial inspection and follow up there are significant violations which have not been corrected, then the TCEQ will be notified that the County is discontinuing its voluntary inspections at the site. Also, if entrance to a site or a request to review records is denied, then the County will notify TCEQ that it will not be performing inspections at the site. Goal and Date: At least 6 annual voluntary construction site inspections in unincorporated urbanized areas of Brazos County will be conducted beginning in Permit Year 4 and continuing through Permit Year 5. Status: Not Started Section 111.5 Post Construction Storm Water Management in New Development and Redevelopment MCM The intent of this MCM is to lessen the storm water quality impacts after construction has been completed on new redeveloped sites (1 acre or larger of disturbed earth) and while people occupy and/ or use the sites. To the extent allowable under state law, Brazos County will develop and implement a Post Construction MCM in unincorporated Brazos County, which includes both urbanized and other areas. Since Texas counties do not have the rule/ordinance making 14 authority that cities have, the County cannot enforce a program to reduce pollutants in post construction storm water runoff at new and redeveloped sites. The County will participate in this MCM by allowing the use of unlined or pervious drainage ditches, instead of impervious concrete gutter and underground storm drain pipe systems, which cities typically require, and other activities. Compared to impervious underground storm drain pipe systems, above ground open grassy drainage ditch systems allow more storm water runoff to soak into the ground, which reduces downstream runoff velocities (erosion reduction), provides a means of detaining and treating, to a degree, some pollutants (sediment, nutrients/fertilizers,detergents,ect.)and allows illicit discharges to be easier to observe and locate. Drainage ditch systems are usually less costly to install, which provides an obvious incentive for their continued installation during and beyond this permit period. Brazos County maintains drainage ditches and channels that serve County roads and will continue to do so throughout the permit term. Ditch maintenance data will be provided in the annual report to TCEQ. (a)BMP, Measurable Goal and Date - Allow pervious drainage Systems Instead of requiring impervious concrete curb and gutter systems, Brazos County will generally allow developers, home builders and residents in unincorporated areas to use open, unlined grassy storm drainage ditches next to streets. This is an example of a policy that is both cost effective to the construction community and environmentally effect for the County's storm water permit. Specific legal agreements with some adjacent cities may super cede this policy, but overall the policy will continue to be allowed. Goal and Date: Brazos County will allow open grassy drainage ditches and channels to receive and transport storm water runoff from roads and other impervious surfaces such as roofs, driveways and sidewalks. This activity is currently in effect and will remain in effect during the permit term. Status: Accomplished and Ongoing (b)BMP, Measurable Goal and Date - Tracking Additional Pervious Drainage Systems Brazos County crews will maintain the open grassy drainage ditches beside County maintained roads in unincorporated Brazos County. This will allow the drainage system to operate properly and produce storm water quality benefits listed above. Goal and Date: Report annual additions to the County maintained ditches. Updates will be provided in the annual report, beginning in Permit Year 2 and continuing though Permit Year 5. Status: In Progress Io5 -7 h 15 (c)BMP, Measurable Goal and Date - County Facilities New landscaping installed at County facilities will be encouraged to plant landscapes that require less pesticides, fertilizers and water to thrive. Storm water staff will work with the Brazos County landscape and maintenance staff to come up with a plan for future planting. Goal and Date: Make a list of all County facilities and inventory plants to be completed in Permit Year 2. Have a plan for future landscape planting starting in Permit Year 3 and continuing through Permit Year 5. Status: Not Started Section 111.6 - Pollution Prevention/Good Housekeeping For Municipal Operations MCM Brazos County will establish a program to conduct its general operations in a manner that prevents or reduces pollution in storm water runoff to the maximum extent practible. This MCM requires a local government to examine multiple internal operations to see if they can be maintained or modified to prevent or minimize storm water pollution or illicit discharges. As stated by TCEQ, examples of local government operations include, but are not limited to: park and open space maintenance, street, road or highway maintenance, fleet and building maintenance, storm water system maintenance, new construction and land disturbances, parking lots, vehicle and equipment maintenance and storage yards, waste transfer stations, and salt/sand storage yards. (a)BMP, Measurable Goal and Date - County Operations Survey Identify Brazos County operational activities that have a potential to impact storm water quality or generate illicit discharges. This will be accomplished by conducting site surveys of County facilities and discussing issues with County administration, departmental represenitives and/or storm water staff. Goal and Date: The surveys will start and be completed in Permit Year 4 Status: Not Started (b)BMP, Measurable Goal and Date - Select Good Housekeeping BMPs Devise appropriate BMPS to address the operational activities identified in (a) above. Consult with County Administration, departmental represenitives and storm water staff to determine BMPs. Brazos County will address fleet vehicle washing, used oil recycling, trash receptacles and other appropriate Good Housekeeping activities. Goal and Date: The listing of BMPs will be accomplished in Permit Year 4 Status: Not Started 16 1 o5 -77 (c)BMP, Measurable Goal and Date - Start Good Housekeeping BMPs Implement appropriate BMPs. At a minimum, BMPs will include educating County staff at County buildings determined from (a) survey about potential storm water quality impacts and illicit discharges [see below-(e) employee training]. Goal and Date: Implement BMPs that don't have significant budget conflicts during Permit Year 5. Status: Not Started (d)BMP, Measurable Goal and Date - Proper Waste Disposal A report, to become part of the SWMP, will be developed to document the proper disposal of waste generated from County MS4 related operations or maintenance. The report will address dredge spoil, accumulated sediments and trash and debris in storm drain systems. Goal and Date: This report will be complete during Permit Year 5. Status: Not Started (e)BMP, Measurable Goal and Date - Employee Training A training program will be developed for County employees who have the potential to impact storm water quality. Goal and Date: Brazos County employees with the potential to impact storm water will receive pollution prevention training during Permit Year 3. During the remainder of the permit, annual pollution prevention training will be performed for new employees whose operational duties have been identified as having potential impact to storm water quality. Status: Not Started (fl BMP, Measurable Goal and Date - SPCC Plans for County Facilities Brazos County will comply with federal spill prevention control and counter measure plan regulations, and review spill response procedures to ensure storm water quality protection measures are considered during spill response. The County will evaluate all of our facilities and determine if Spill Prevention Control and Countermeasure Plans (SPCC) are required. We will develop SPCC plans for our facilities that require plans and comply with SPCC plan requirements at those facilities. An annual report on the number of facilities with SPCC plans and the current status of each SPCC plan will be documented. Goal and Date: During Permit Year 2 and 3, Brazos County reviews all county facilities and determines the need for SPCC plans. During the remaining 2 years the County will continue to implement the SPCC plans Status: Not in Progress 105 -7g 17 Section IV - Recordkeeping and Reporting Section IV.A - Recordkeeping Brazos County will maintain all records, a copy of the TPDES general permit and all data used to complete the application (NOI) for this permit, for a period of at least three years, or for the term of this permit, whichever is longer. A current/updated copy of the SWMP, NOI and a copy of the permit language/requirements will be maintained at both the Brazos County Commissioner's office and the Brazos County Road and Bridge Department. See the above SWMP for both site Locations. Brazos County will make records, including the NOI and SWMP available to the public, if requested to do so in writing. The SWMP will available within 5 working days following the request from the public. Other records will be provided within 10 working days, unless the request requires an unusual amount of time or effort to assemble. In which case, Texas Law regarding the Public Information Act will be followed. Reasonable charges, in accordance with Texas Law, may be levied by the County for researching and preparing any requested materials. SectionIV.B.2 - Annual Report Brazos County will submit a concise annual report to the Executive Director of TCEQ within 90 Days of the end of each permit year. The annual report will address the requirements listed in the TPDES Phase 2 MS4 general permit rules. The County will also maintain copies of annual reports at both the Brazos County Commissioner's office and the Brazos County Road and Bridge Department. See the above SWMP for both site locations. 05 77 18 BRAZOSCOUNTY BRYAN, TEXAS NOTICE OF MEETING BRAZOS COUNTY COMMISSIONERS COURT Members of the Brazos County Commissioners Court will participate in a meeting as follows: MEETING DATE(S): 16-17 January 2008 MEETING TIME: 9:00 a.m. each day MEETING PLACE: Sheriff's Administration Building, conference room 1700 Highway 21 W Bryan, Texas 77803 The purpose of this meeting is to discuss design development for the new jail addition and possible plan revisions. The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102. Office of the County Judge • 300 East 26`h St. • Suite 114 • Bryan, Texas 77803 • Fax: (979) 361-4503 ;RUC BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING BRAZOS COUNTY COMMISSIONERS COURT Members of the Brazos County Commissioners Court will participate in a meeting as follows: MEETING DATE(S): 16-17 January 2008 MEETING TIME: 9:00 a.m. each day MEETING PLACE: Sheriff's Administration Building, conference room 1700 Highway 21 W Bryan, Texas 77803 The purpose of this meeting is to discuss design development for the new jail addition and possible plan revisions. The Sheriff's Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102. Office of the County Judge • 300 East 26'0 St. • Suite 114 • Bryan, Texas 77803 • Fax: (979) 361-4503 ~r s;. 10 5 r